Vol. XXXVI, No. 2 ISSN-0970-8693 FEBRUARY 2016 Rs. 10 Casteism, Elitism, Fascism – EDITORIAL : Casteism, Elitism, Hindutva Fascism – Challenges to Accessible, Challenges to Accessible, Inclusive, Fair and Inclusive, Fair and Just Education (1) Just Education Rohith Vemula's unnatural death at the University of – not the ARTICLES, REPORTS & DOCUMENTS: How failed at Paris Climate Conference? first of a scholar in Indian academia –points yet again to the - Gopal Krishna (2); Who will speak for the continuing rot that has spread within educational institutions in the Human Rights Defenders? - Pushkar Raj (4); country. No single political party or group need be singled out for blame, Rohith Vemula, A Scholar of Hyderabad as the attacks on academic freedom have come from various sides, University, Committed Suicide (6); The Fall of although in the events leading up to Rohit Vemula's death, the clear hand Tinsel God -Rajindar Sachar (9); India Needs Hindustaniyat, Not Hindutva - Nayantara of the elements is quite evident. The facts are known to all: Sahgal (10); Credibility is Crucial - Rajindar There was tremendous pressure on him and four other Dalit scholars of Sachar (12); 9th V.M. Tarkunde Memorial the Ambedkar Students' Association (ASA) who had been suspended Lecture (15). following an altercation with members of the Akhil Bharatiya Vidyarthi Parishad (ABVP) – in which, as it now transpires, no ABVP member was PRESS STATEMENTS, LETTERS, AND injured. This issue of the PUCL Bulletin reproduces the text of the letter NEWS: left behind by Rohith Vemula which speaks for itself. PUCL Chhattisgarh - Press Statement on the Incident of Sexual Violence against Adivasi Following the tragedy, from amongst the cacophony of noises from Women (5); PUCL TN & Pondicherry - Press various quarters, the most malicious, dangerous and mischievous ones Statement (6); PUDR Press Statement: are those denying that caste discrimination lay behind Rohith's death. Condemn Casteist Actions of Hyderabad Given that the tragedy has fully exposed the extent of caste University Authorities (8); A Letter to Rohith discrimination prevalent in academia, there is greater, not lesser need to Vemula from A Young Muslim (9); Press Release: “Dilution is the Solution” – A de- ensure equality of opportunity and substantive equality in education and facto understanding of MoEF & CC (13); in jobs in both the public and private spheres. Another spiteful report Letter to the State Election Commissioner – questioned whether he was a Dalit but mercifully that issue has been Gautam Thaker (15); GS Letter to Home settled with the emergence of the SC certificate issued to Rohith. Affairs, Chhattisgarh Government regarding A much more dangerous response came from Union Minister Bandaru the Harassment of Degree Prasad Chouhan (16); Gujarat PUCL: Implementation of NOTA Dattatreya who dubbed ASA Dalit protestors as being, “casteist, Option is Compulsory (18); Letter to the Chief extremist and anti-national”. That this was not a stray statement but part Election Commissioner - Re-polling in of the carefully orchestrated strategy of the BJP government to dub any Ahmadabad Municipal Corporation expression of dissent as anti-national is revealed by BJP General Elections (18 ). Secretary Muralidhara Rao's statement that “Linkages of these forums on campuses with bigger anti-national agencies must be probed, investigated and curbed”. The menacing overtones in the statement is not the usual bluff and bluster of a ruling party facing flak; it discloses the ugly reality of the witch hunts launched by the ruling BJP led Central government against individuals and groups, including Teesta Setalvad, Green Peace and others, who questioned them. Blows against academic freedom and targeting of the academic fraternity is by no means restricted to issues of caste discrimination or victimisation of . We recently witnessed the dismissal of Magsaysay Award-winning Professor Sandeep Pandey by the Banaras Hindu University, on the specious accusation that he was a sympathiser of “Naxalites” and anti-national forces. These same accusations have hounded Professor G.N. Saibaba of , who though 90% disabled, was abducted by the police from the University

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PUCL BULLETIN, FEBRUARY 2016 1 and lodged in the notorious Anda Unfortunately the protest against society of the country by drastically Cell in Nagpur Central Jail. That his the cut in fellowships by the UGC reducing government spending in bail order was revoked by the has not received due attention by education are not concerns of the High Court forcing him to mainstream media and larger civil central government. report back to prison adds another society. As student leaders point The challenges are numerous - worrying aspect to the travails of out, the cut in fellowships highlights casteism, Hindu majoritarian / rights defenders and conscientious the Modi government's faulty vision supremacist fascism and unbridled activists. for education. On one hand the corporate profiteering in education. FTII students of Pune, all young g o v e r n m e n t k e e p s c u t t i n g Rohith Vemula's poignant letter aspiring film-makers from various allocations for priority sectors like highlights the plight of young castes and communities, who have education, food and social welfare; p e o p l e f r o m m a r g i n a l i s e d been waging a peaceful agitation on the other, the Government of communities who dare to dream - of m e r e l y d e m a n d i n g t h a t India is hell bent on signing the n o t j u s t i m p r o v i n g t h e i r appointments to senior positions 'binding commitment' with the circumstances in life but of follow established procedures World Trade Organisation bringing b e c o m i n g a c c o m p l i s h e d have faced needless violence at education under 'tradable' professionals, aware citizens, the hands of the Maharashtra services. The government has no empowered human beings. police. Ditto the experience of qualms about the fact that once it Rohith's call is a call of conscience students protesting against the cut signs the WTO documents, it will and vision – to renew our in fellowships by the University be bound to protect the interests of commitment to ensure that our Grants Commission. This time, the foreign and domestic corporate society becomes more humane, Delhi police – past masters at houses who pursue trade in tolerant, egalitarian, inclusive, quelling dissent and falsely education; that this, in turn, will equitable, fair and just. We cannot prosecuting innocents – showed work against the interests of the fail our future generations. they are second to none in silencing students, teachers and larger Editorial Committee q voices seeking justice and fair play. How India failed at Paris Climate Conference? Dr. Gopal Krishna* India failed to do even what a small country Parties shall continue What Indian environment minister, country like Nicaragua did in the taking the lead by undertaking did not disclose Paris Climate Conference by economy-wide absolute emission to the Parliament has already been raising its flag questioning the reduction targets. Developing admitted by Nozipho Joyce autocratic change introduced in the country Parties should continue Mxakato-Diseko, chairperson of final draft at the last moment (from enhancing their mitigation the Group of 134 developing 'shall' to 'should' ) while adopting efforts…” This formulation aptly countries (G77 and China Group). the 12 page long Paris Agreement c a p t u r e d t h e h i s t o r i c India is a member of this Group. dated 12th December, 2015. The responsibilities of rich countries Diseko has revealed that Intended Agreement being a legal text and differentiated responsibilities Nationally Determined Contribution required application of basic legal o f p o o r e r c o u n t r i e s . B u t (INDC) for mitigating climate knowledge by India. In law schools disregarding the voice of a Central change is “a perversion of the across the globe students are American country like Nicaragua p r i n c i p l e o f c o m m o n b u t taught that “shall” is “mandatory”. which is a member of Group of 77, differentiated responsibilities” The drafters of legal documents are succumbing to the USA's demand because it undermines the “legal trained into the use of “shall” as it shall was substituted with should. obligation in accordance with conveys “a duty to” be performed. It India's decision to maintain a historical responsibilities for conveys obligation. Had “shall” deafening silence when the voice of finance” accepted under the been not important 76 pages of a fellow member from G77 was bullying influence of USA and its Words and Phrases, a multi volume disregarded is contrary to its allies. It is quite outrageous that work of legal definitions would not stature. INDCs are not legally enforceable. have been devoted to case laws India failed to comprehend that as a The paragraph 52 of the Decision of around it. The word “should” does State it has a fundamental CoP 21 makes a categorical not express a legal obligation, the r e s p o n s i b i l i t y t o p r e s e r v e declaration that Article 8 of the word “shall” expresses a legal resources like the land, water, and Paris Agreement which deals with requirement. air which belongs to the future the issue of addressing loss and Initially, Article 4.4 of the Draft generations. Its responsibility damage associated with the Agreement read: “Developed “predates statutory law”. adverse effects of climate change

PUCL BULLETIN, FEBRUARY 2016 2 “does not involve or provide a basis “ d a n g e r o u s a n t h r o p o g e n i c 1890s. Like most developed f o r a n y l i a b i l i t y o r interference with the climate countries where coal remains compensation.”Although such system” in the text of the UNFCCC unavoidable, India continues to announcement sets a regressive is in reality an act of industrial argue that it will continue to use precedent in international warfare against climate and its coal as its primary source in its negotiations, given the fact Paris allied ecosystem whose impact has energy mix. Meanwhile, in a Agreement is not legally binding by become glaring. It is quite remarkable move, the share of implication, this attempt to escape surprising that green house gas renewables in India has increased liability for loss and damage emissions from the war industry over 6 times between 2002 and appears unsuccessful. The 12 which is reaping unprecedented 2015. India has also announced page long Paris Agreement dated profits amidst conflicts around that it will add 175 GW of renewable th 12 December, 2015 adopted by natural resources has not been energy capacity (almost equal to the countries that are Parties to included as one of the key sources the total installed power generation United Nations Framework of climate crisis. of Germany) by 2022. This will lead Convention on Climate Change I t i s a p p a r e n t t h a t w o r l d to avoidance of burning over 300 (UNFCCC) which was adopted on governments have adopted Ostrich million tonnes of coal. th 9 May, 1992, is an articulation of policy with regard to climate crisis Paris Agreement has a stark lesson how 'climate-inequality' shapes the u n d e r t h e i n f l u e n c e o f for Indian Government and its text of an international treaty u n d e m o c r a t i c e c o n o m i c I N D C w h i c h p r o m o t e d supposedly aimed at climate justice organizations. Richer countries “Nuclear Power as a safe, and for the protection of Mother became prosperous and dominant environmentally benign and Earth. due to carbon emission since 1750. economically viable source to meet It may be recalled that the false Between 1850 and 2011, USA, the increasing electricity needs of solution of carbon trade and off E u r o p e a n U n i o n , R u s s i a n the country.” The word “nuclear” setting was introduced in the Kyoto Federation, Japan and others does not appear in the Agreement Protocol at the behest of USA which contributed over 2/3rd of total despite efforts by countries like had made it a pre-condition to sign global emissions. Notably, India. It is high time India followed the Protocol. Notably, after diluting developed countries have been the path of those who have no the Protocol USA unsigned the outsourcing their carbon-intensive nuclear power reactors and remain Protocol. Unmindful of the fraud industries to developing countries opposed to nuclear power. and corruption ridden carbon trade like India. India cannot afford to be projects, instead of discarding this A d m i t t e d l y, t h e e s t i m a t e d complacent citing emissions by top fake remedy the Paris Agreement aggregate greenhouse gas polluters given the fact emissions of makes way for global carbon emission levels in 2025 and 2030 top 10 % of urban Indians is about market through Article 6 of the resulting from INDCs do not fall 27 times the emissions of the Agreement. It makes space for within least –cost 2 degree C but bottom 10 % of rural India that the “voluntary contribution” among rather lead to a projected level of 55 carbon footprint of 1 % of the India's countries in the implementation of their emission reduction targets gigatons in 2030. The Decision wealthy class is being veiled by 823 and “to allow for higher ambition in underlines that in order to hold the million poor class of the country. their mitigation and adaptation increase in global average Saving climate from poisonous actions”. It creates a new class of temperature to below 2 degree C market interference c a r b o n a s s e t s n a m e l y , above pre-industrial levels there is Paris Agreement panders to the “internationally transferred a need for reduction of emissions to whims and fancies of commercial mitigation outcomes” (ITMOs) for 40 gigatons. czars who are obstinately trading and “support for results- It is quite bizarre that while almost commodifying and monetizing based payments to implement all the countries have stated their nature and interfering with climate policy approaches”. This new commitments to reduce emissions and allied ecosystems. The natural mechanism of UNFCCC has been from 1990 levels, USA has decided resource dependent communities incarnated as Sustainable to count its reduction in emission a r e f a c i n g u n p r e c e d e n t e d Development Mechanism (SDM) using 2005 as the base year. Thus, deprivation. This has created an as main mitigation tool in place of its commitment of reduction is only episteme that blindly bulldozes pre-existing Clean Development 14 % instead of 28 % as has been technical and market solutions as Mechanism (CDM) and Joint claimed quite deceptively. “real” solutions. Meanwhile, World Implementation post-2020. Where does India stand? Bank Group feigned surprise on Industrial War against Climate It has been estimated that India's 17th December “to see the extent System current per capita income is close and detail on carbon markets” What is charitably referred to as US's per capita income in the included in the Paris Agreement

PUCL BULLETIN, FEBRUARY 2016 3 that paves the way for “Carbon generational and inter-generational leading “nearly 200 nations to the Markets 2.0”. equity from the banks and markets most ambitious agreement in A new, non-market, climate finance that threaten our planet by history to fight climate change” mechanism is needed to support integrating carbon pricing policies made by President Barack Obama the formalization and expansion of in all sectors of economy. It failed to in his last State of the Union mitigation and technology transfer make ratification of Doha address in front of the US as a genuine solution to combat the amendment 2012 to Kyoto Congress. The failure to apply propensity of promoting free trade Protocol, 1997 developed under “public trust doctrine” for in carbon at the cost of climate the UNFCCC's charter covering safeguarding climate system is system. Climate talks remain 2012-2020 time span a priority. quite evident. relevant because fate of the India should have taken ethical Ahead of the next conference communities and global order is leadership by declaring carbon which is planned in November 2016 linked to the decision by the richest trading as a fake solution and by in Marrakech, Morocco, India countries to undergo mandatory choosing not “to pursue the should take recourse to “long fossil fuel de-addiction. But the reckless and environmentally memories” to mobilize G-77 Agreement fails to make top harmful path to development” that countries to put limits on polluters liable for “dangerous the developed countries have ungovernable national and anthropogenic interference” and for taken so far. It should have sought transnational business enterprises endangering human ecosystem early ratification of the Doha by adopting principles that account which is the substratum for the Amendment to the Protocol which for the imminent danger to the very existence of living beings. is the international law till 2020. But substratum of human existence. In effect, despite the brave effort of this law has not entered into force *The author is a public policy analyst and a G77 country, Paris conference as yet. This exposes the Director, ToxicsWatch Alliance (TWA) who has been tracking climate negotiations for failed to save climate and intra hollowness of the claims about last 18 years. q

Who will speak for the Human Rights Defenders? Pushkar Raj* The Bombay high court judgment agenda. Arundhati Roy stressed ideological agenda. cancelling Prof. Sai Baba's bail and that Dr. Sai Baba is primarily a As a writer, one would assume, initiating contempt proceedings human rights defender who should Arundhati Roy may feel that against the writer Arundhati Roy is be treated humanely in light of his branding people naxalites and then a major blow to the human rights 90 per cent disability and the treating them inhumanely before defenders in the country. j u r i s p r u d e n c e p r i n c i p l e o f their guilt is proven is an Dr. Sai Baba was arrested by the presumption of innocence till o u t r a g e o u s p r a c t i c e i n a police in 2014 for allegedly proven guilty. constitutional democracy. In the indulging in maoist activities. He Ideally the National Human Rights outlook article which is the subject was charged under various Commission (NHRC) should have of 'interference in administration of sections of Unlawful Activities come out in support of activists like justice' charge against her, the (Prevention) Act and later denied Dr. Sai Baba. However, its record writer puts her perspective with her bail. In an article in a magazine for defending the HRDs, despite own set of arguments. These Arundhati Roy had questioned the having a dedicated cell for this arguments may be right or wrong. manner of arrest of the professor purpose, has been dismal for The judgment of the court and grounds on which he was various reasons. Therefore, the castigates the writer's right to hold denied bail. She had criticized the burden of speaking on the behalf of that perspective or opinion which is courts in the country for following people like Dr. Sai Baba has fallen a disturbing trend. different set of rules while granting on the shoulders of the civil society It is a matter of concern that the bail depending on person's in the country. contempt proceedings against ideology and proximity with the However, the civil society Arundhati Roy, might serve as a government of the day. organizations too require support of warning to the writers and thinkers Dr. Sai Baba organized and the writers, artists and intellectuals of the country to stay away from the participated in the meetings in the to lend weight to their voice, public issues. Already, a section of capital that highlighted the misery especially when the present the government has vilified a large of the indigenous population who government, erroneously, treats number of writers because they face displacement and crisis of the rights based human rights dared to voice against encouraging survival in light of the governments' activities in the country as an and growing intolerance in the big project centric development anathema to its development and Indian society.

PUCL BULLETIN, FEBRUARY 2016 4 Any kind of threatening message the mob driven justice and fascism. exception. coming from any branch of the The Bombay high court judgment is The present case is sure to go to government on thought and its regrettable that it has come from an the Supreme Court. One hopes that expression is an erosion of our institution- the judiciary- that the it will be reviewed and nullified in c o n s t i t u t i o n a l v a l u e s a n d writers and HRDs of the country the interest of civil liberties and detrimental to the interest of our look up for protection of their life constitutional values of the country. society. The writer, as Chinua and civil liberties. Several of courts' * Pushkar Raj is an independent writer Achebe, doyen of African literature, landmark judgments preserved based in Melbourne (Australia). Earlier, argued, creates the values of a and expanded the rights of the he taught political science in Delhi University and was the National General society. When we silence the writer, individual rather than shrinking Secretary of the People's Union for Civil we create a value vacuum in the them. In that light, the Bombay high Liberties (PUCL), India. q society, i.e., a breeding ground for court bench judgment is an

PUCL Chhattisgarh Press Statement: 18th January 2016 Chhattisgarh PUCL severely do sit ups. She was asked why In the complaint a demand has condemns the incident of sexual she does not have children, been made for a judicial enquiry violence against adivasi women of and told that if she slept with and medical help has also been Village Kunna, Pedapara, Block them, she would have babies. sought. Chhindgarh, District Sukma during When she started crying, she Earlier, on 1st November, affected searching operations on 12th was beaten with a thorny stick. women of 5 villages including January. It expresses serious 4. Kartami Kosi d/o Budhva was Pedagelur and Chinnagelur of concern at the increasing incidents stripped by the police. They Bijapur district had registered an of sexual violence against women made fun of her breasts and FIR concerning rape and sexual becoming a part of the anti-Naxal then beat her badly. violence during search operations. operations in Bastar. 5. Podiyami Jogi w/o Ganga was Till date no action has been taken On 15th January, 2016, social dragged out of her house. She on this FIR. In fact, senior police activist and convener of the Aam has injuries on her face and officers, without even investigating Aadmi Party in Bastar – Soni Sori, body. Her husband and into the FIR, are commenting on the along with the affected women of children were picked up and reliability of the complaint. In these Village Kunna, Pedapara, Block taken to Gadiras Camp. When circumstances there is little Chhindgarh, District Sukma met she said her child is small, she likelihood of an unbiased police the Bastar Commissioner and was told to milk her breast. A enquiry. Hence Chhattisgarh PUCL presented him a collective policeman came and milked demands a high level Judicial complaint of sexual violence her breast. Her necklace, ear Enquiry into both the above committed by security forces during rings and Rs. 1500 were incidents. searching operations on 12th snatched away. Chhattisgarh PUCL also expresses January. The Commissioner has 6. Apart from this, many other deep concern that in the past 2-3 given a written Notice to the IG, SP women were also beaten and months, more and more incidents and Collector on the complaint and insulted. Rice, hens, cash and are coming to light where sexual directed them to conduct an ornaments were also looted. A violence has become a part of the immediate enquiry into the incident. grenade was also thrown so anti-Naxal operations. The United The following incidents are there was a fire. Nations and other international narrated in the complaint (a 7. First, 29 people had been human rights organisations have scanned copy with photographs is taken into custody by the expressed concern that wherever annexed hereto) – security forces, three were wars are going on world over, 1. Hadme w/o Deva Kartam was released, they are also badly violence against women has been stripped by the police, her injured. used as a weapon to humiliate and “waist string” was broken, her 8. Police has claimed that there subjugate that society. Such an upper cloth was removed and was an encounter in the village attitude towards the adivasi police sat on her and abused during which one police man communities of Bastar is unjust, her with filthy language. was injured. Actually when that reprehensible and unconstitutional, 2. Kartami w/o Bhuiyan was badly policeman entered a house, his and will only alienate them further beaten, her right hand was foot got entangled in a sack from the government. injured, right thigh and lower and his weapon went off Dr. Lakhan Singh, President; back has got swelling. accidentally injuring him. All the Ms. Sudha Bharadwaj, General 3. Hadpi w/o Lakhma had her villagers are aware of the Secretary, Chattisgarh PUCL q blouse torn, and was made to incident.

PUCL BULLETIN, FEBRUARY 2016 5 Rohith Vemula, A Scholar of Hyderabad University, Committed Suicide

On 17th January, 2016, a Dalit Ph.D. persistent follow up by Union Minister their basic rights, let alone issues of scholar of Hyderabad University, for Human Resources Development, social justice. We carry the note written Rohith Vemula committed suicide in . Rohith's monthly doctoral by Rohith found after his death which one of the hostel rooms. He was one of stipend was stopped forcing him to poignantly highlights the difficulties 5 research scholars who had been undergo tremendous financial faced by students from socially suspended in August, 2015 for difficulties and mental stress and discriminated and economically allegedly attacking a student leader of pressure. In fact in his suicide note he weaker sections face in their efforts to the Akhil Baharathi Vidyarthi Parishad states that he was owed Rs. 1,75,000/- secure quality education and fair (ABVP) and later forced to vacate the The issue has once again raised the access and opportunities for social hostel. Though an Enquiry set up by the ugly reality of caste discrimination, growth and development. University exonerated Rohith and the especially against Dalits, in educational We also carry two statements, other 4 scholars another enquiry was institutions and the difficulties that one issued by PUCL – Tamil ordered, at the instance of the Union s t u d e n t s f r o m m a r g i n a l i s e d Nadu State unit and another by Minister, and communities have to undergo to seek PUDR, Delhi. q

Parting Letter of Rohith Vemula, 17.1.2016 (found after his death) Good morning, I would not be living. worlds. around when you read this letter. I am writing this kind of letter for the If you, who is reading this letter can Don't get angry on me. I know some first time. My first time of a final do anything for me, I have to get 7 of you truly cared for me, loved me letter. Forgive me if I fail to make months of my fellowship, one lakh and treated me very well. I have no sense. and seventy five thousand rupees. complaints on anyone. It was My birth is my fatal accident. I can Please see to it that my family is always with myself I had problems. never recover from my childhood paid that. I have to give some 40 I feel a growing gap between my loneliness. The unappreciated thousand to Ramji. He never asked soul and my body. And I have child from my past. May be I was them back. But please pay that to become a monster. w r o n g , a l l t h e w h i l e , i n him from that. I always wanted to be a writer. A u n d e r s t a n d i n g w o r l d . I n Let my funeral be silent and writer of science, like Carl Sagan. understanding love, pain, life, smooth. Behave like I just At last, this is the only letter I am death. There was no urgency. appeared and gone. Do not shed getting to write. I always wanted to But I always was rushing. tears for me. Know that I am happy be a writer. A writer of science, like Desperate to start a life. All the dead than being alive. Carl Sagan. I loved Science, Stars, while, some people, for them, life From shadows to the stars.” Uma Nature, but then I loved people itself is curse. My birth is my fatal anna, sorry for using your room for without knowing that people have accident. I can never recover from this thing. To ASA family, sorry for long since divorced from nature. my childhood loneliness. The disappointing all of you. You loved Our feelings are second handed. unappreciated child from my past. I me very much. I wish all the very Our love is constructed. am not hurt at this moment. best for the future. For one last Our beliefs colored. Our originality I am not sad. I am just empty. time, Jai Bheem I forgot to write the valid through artificial art. It has Unconcerned about myself. That's formalities. No one is responsible become truly difficult to love without pathetic. And that's why I am doing for my this act of killing myself. No getting hurt. The value of a man this. People may dub me as a one has instigated me, whether by was reduced to his immediate coward. And selfish, or stupid once their acts or by their words to this identity and nearest possibility. I am gone. I am not bothered about act. To a vote. To a number. To a thing. what I am called. I don't believe in This is my decision and I am the Never was a man treated as a mind. after-death stories, ghosts, or only one responsible for this. Do not As a glorious thing made up of star spirits. If there is anything at all I trouble my friends and enemies on dust. In every field, in studies, in believe, I believe that I can travel to this after I am gone. q streets, in politics, and in dying and the stars. And know about the other

PUCL TN & Pondicherry Press Statement: 20th January, 2016 PUCL – Tamil Nadu state unit views The poignant suicide note of Rohith What was termed as a small with serious concern the alarmingly Chakravarthy Vemula - a Ph.D. political dispute which could have rampant caste and communal scholar of Life sciences at been amicably resolved, was blown discrimination prevalent at the has sent out of proportion by the Students' Institutes of higher learning in India. shock waves across the Country. Union affliated to the Saffron Party,

PUCL BULLETIN, FEBRUARY 2016 6 the Akhil Bharath Vidyarthi f o r S t a t e o f L a b o u r a n d criminally prosecuted and put Parishad (ABVP). On an allegation Employment addressed a letter to behind bars. of assault preferred by student the Ministry of HRD in which he had d. The BJP Govt should stop leader of ABVP, along with dubbed the activities of Ambedkar saffronisation of University deceased Rohith Vemula, four Student Union as “casteist, campuses. other research students were extremist and anti-national”. Based arraigned as accused. Following an on that letter, the Union HRD e. The role played by the enquiry, which was devoid of fair Minister, Smriti Irani, wrote a Hyderabad University Vice procedure and in violation of number of letters asking for details Chancellor is especially principles of `Natural Justice', the regarding issue raised by condemnable and he should be five research scholars, including Bhandaru Dattatreya .These letters directly held to be responsible deceased Rohith Vemula were were instrumental to the final for the unfortunate death by expelled from the hostel, denied decision to expel the above suicide, of Rohith Vemula, a access to common places and students / research scholars. promising Dalit scholar and restrained from contesting union University of Hyderabad has prosecuted for abetment of election. Rohith and others were become a puppet at the hands of suicide. Similarly the role of also suspended from the University saffron forces. Union Ministers Bandaru and Disciplinary Action initiated. The Vinod Pavarala committee Dattatreya and Smriti Irani, and Hence they have been subjected to which went into the mysterious the demonstrated misuse of social and economic assaults and death of Senthil Kumar- a dalit their powers by constantly their democratic rights have been doctorate student in physics at UoH interfering in the internal affairs stifled to the core. Their fellowships who belonged to Jalakandapuram of an independent institution (stipend) have been put on hold; in Salem in Tamil nadu, pointed out like Hyderabad University and being forced to remain without that the school was acting against p r e s s u r i s i n g t h e V i c e shelter and using the hostel rooms the interest of SC and ST students. Chancellor to take unfair, of other dalit students was It is pertinent to recall the report coercive and damaging demeaning and difficult; denying submitted by former UGC decisions against Rohith and them their fellowships for several chairperson Sukhdeo Thorat seven other 4 scholars is both months meant that they were years ago. He enquired into the unacceptable and to be choked of all financial resources for circumstances leading to the death condemned. In view of their their daily expenses, including of a medical student at AIIMS in direct involvement in the meals and basic living amenities, Delhi. Unfortunately his findings incidents and decisions leading forcing a harsh, inhuman condition were not accepted by the to the suicide of dalit research on them. Acute financial distress, Administration. It is reliably learnt scholar, Rohith Vemula, both intense social discrimination, threat that in the last four years 18 dalit these central ministers should of police action and literally being students were forced to end their be removed from their posts. forced to be homeless and lack of lives on account of pernicious caste f. The Government should humane, fair and sensitive prejudice. immediately disburse Rs. response from the University PUCL – TN unit strongly condemns 1,75,000/- which was the authorities led to such intolerable the role of the Vice Chancellor of Fellowship amount unpaid to mental and emotional stress that Hyderabad University and the Rohith to his parents apart from eventually Rohith decided to end central Ministers who were directly adequate compensation. his life. involved in this incidents. PUCL g. Central government should It should be noted that following demands: i m m e d i a t e l y d i s b u r s e representation from the expelled a. that Institutes of higher learning scholarships and fellowship students belonging to Ambedkar should function in such a amount to all students who are Students Union, the then Vice manner as to foster and eligible, without any delay. Chancellor, Prof. Sharma, revoked encourage free thoughts which h. The govt must ensures that the the suspension. But the new VC, are the basic tenet of Universities and colleges Prof. Appa Rao, bowing to pressure democracy. without any diversion the funds from the Union Ministry of HRD of fellowship and scholarships which sent several letters seeking b. The Universities should give up of students immediately reach to know what follow up action had imposing social economic students. been taken against the Dalit assaults on dalit students. scholars, the apex body of the c. Those who found guilty in Prof. V. Saraswathy, President, University expelled them again. abetting Rohit Veluma to S. Balamurugan, General Bhandaru Dattatreya - the minister commit suicide should be Secretary q

PUCL BULLETIN, FEBRUARY 2016 7 People's Union for Democratic Rights (PUDR), Delhi Press Statement: 18th January, 2016 Condemn Casteist Actions of Hyderabad University Authorities PUDR strongly condemns the with a growing reach and presence demanded an enquiry and authorities of the Central University in HUC. compensation, the Registrars of Hyderabad for their caste based The VC's orders, enforcing the response was that there was no victimisation of Dalit students, boycott of the five student,s, were such provision in university which, on 17th January, 2016, based on two inquiries, one by the guidelines. The horrific callousness resulted in Rohith Vemula, a Dalit Proctorial Committee, and a of the administration was once Research Scholar in Science second, Sub-Committee of the again visible in the forced and Technology and Society Studies in Executive Council, into a police hurried cremation of Rohith's body, the University, committing suicide. complaint by Susheel Kumar with no consideration for his family Rohith was one of five Dalit accusing the five students, of and friends' sentiments. How little research scholars, student leaders having beaten and abused him. has changed is apparent from the and activists of Ambedkar Students The blatantly biased nature of fact that in the year 2002, when 10 Association (ASA), who were these two reports is evident from Dalit scholars were rusticated by expelled from the hostel, prohibited their contradicting the initial the University of Hyderabad from entering the administrative f i n d i n g s o f t h e P r o c t o r i a l administration for questioning building and common spaces on Committee whereby the accused corruption, the Chief Warden the University Campus as per students had been given a clean responsible for the action, was orders issued by the VC on 16 Dec., chit. The VC's actions were thus in none other than the current Vice- 2015. a b s o l u t e c o m p l i c i t y w i t h Chancellor! Following extensive protests today Dattatreya's. It is a telling comment on the by Dalit and other rights groups, in Let us not forget that such casteist nature of our society that it Hyderabad and other cities, discrimination is an everyday has taken the death of one student, Gadchibowli police have been reality. Statistically, 2 in 100 Dalits ostracisation and harassment of forced to accede to the protestors' make it to institutes of higher four others, lathi charges, use of demands. The Union Minister of education, and have to face water cannons, and huge police State for Labour, Bandaru discrimination in various forms, at deployment continued for criminal Dattatreya has been booked under every step. As the documentary action to be initiated in what are out the SC-ST Prevention of Atrocities 'Death of Merit' based on data and out instances of caste based Act, and abetment to suicide, IPC . generated by dalit students across victimisation of Dalit students, and As per news reports, charges of universities revealed, between atrocities punishable under the law, abetment have also been filed 2007 and 2012, 19 Dalit students in and the Constitution. against the VC, University of premier institutes of higher Much still remains to be done if Hyderabad, and two ABVP, education in India committed Rohith's death is not to go waste. In Hyderabad unit leaders, including suicide as a result of traumatic the interests of justice, PUDR asks Susheel Kumar, President, ABVP, experiences of being victims of all democratic sections to join us in Hyderabad University unit. caste-based discrimination. Of demanding: Bandaru Dattattreya had been these, 4 were from Hyderabad. 1. Immediate revocation of the instrumental in the actions taken by Also as per TOI March 2013 report, VC's orders expelling the 4 the University authorities. In the there were 9 suicides from o t h e r s c h o l a r s - D o n t h a wake of allegations made by universities in Hyderabad of which P r a s h a n t h a , S e s h u Susheel Kumar against ASA 8 belonged to SC/ST/OBC Chemudugunta, Vijay Kumar, activists in August 2015, he had community and 1 to minority P.Sundar , Sunkanna Velpula written to the MHRD drawing community. In 2014, Aniket 2. The VC and Susheel Kumar be attention to growing “casteist, Ambhore, fourth year electrical booked under the Prevention of extremist and anti-national” engineering student at Indian Atrocities Act for their malicious activities on Campus, and ironically Institute of Technology, Bombay, actions resulting in Rohith's accusing the University of a committed suicide by falling from death. partisan passivity. ASA was cited as the sixth floor of a hostel inside the 3. P r o b e b y t h e S C - S T an example of such politics, having c a m p u s . C a s t e - b a s e d Commission into the workings not only protested against capital discrimination causing tremendous of the two committees. punishment to , but stress was given as a reason. In a 4. S e t t i n g u p o f a c t i v e according to the Minister, as also t y p i c a l i l l u s t r a t i o n o f t h e mechanisms in Universities for having beaten up Susheel Kumar administration's casteist character, redressal of caste-based of ABVP when he opposed them. In when, after Dalit research scholar grievances this regard, it needs to be Senthil Kumar's suicide in HCU, the Moushumi Basu, Deepika remembered that the ASA is a very committee protesting against the Tandon, Secretaries, PUDR active Dalit students' organisation U n i v e r s i t y A d m i n i s t r a t i o n ([email protected]) q

PUCL BULLETIN, FEBRUARY 2016 8 A Letter to Rohith Vemula from A Young Muslim

Dear Rohith, you that I did not cry, though I done, but let me assure you that I I am not sure how or whether this wanted to . . . but 'pretended as if will follow the path shown by you. letter will ever reach you. However, nothing had happened' because And it is not just because you after reading and rereading your you told us not to “shed tears”. I showed us this way but also heartbreaking final note, I felt that I believed you when you said, “I am because if we don't do it, we will should write this one to you. This is happy dead than being alive”. Many perish. Hence, I reassure you, we a letter from a young Muslim to a of us (young Muslims) can totally will carry forward the struggle just young Dalit (yes, I have been often relate to it. You were absolutely like you carried forward the reduced to a Muslim with a capital right in suggesting that “The value struggles initiated by Jyotiba Phule, M and I'm not ashamed of it, just as of a man was reduced to his Baba Ambedkar and many others you were reduced to a Dalit with a immediate identity and nearest like them. capital D), who was committed to possibility. To a vote. To a number. Baba Ambedkar had famously said the idea of social justice and a life To a thing. Never was a man treated and I know that this was the guiding with dignity. I have no doubt that as a mind.” principle of your life as well – your decision to say the final good Rohith, it will be my life long regret “educate, organize, agitate”. I'd just bye, was nothing but an act of that I could not meet you in person, like to add that it is high time that the courage and dignity. Your life and but then I am aware of the fact that a 'oppressed of the world should struggle has taught me three physical meeting would have unite' and 'educate, organize, i m p o r t a n t l e s s o n s ; t o b e hardly mattered. You are there in agitate'. precise—courage, dignity and front of me, much like Adv. Shahid Rest in power, my friend. solidarity. Reading your letter Azmi whom I could never meet and Hope to meet you on a star. reminded me of a couplet by the who was snatched from us 6 years In solidarity, Hindustani poet Dushyant, who ago. But like the memory of Mahtab famously said: Shahid's illustrious life and https://mahtabnama.wordpress.co jiye to apne bagiche main gulmohar struggles, your memories are also m/2016/01/18/a-letter-to-rohith- ke liye/ mare to Gair ki galiyon main more than enough for me to survive vemula-from-a-young-muslim/ @ gulmohar ke liye against all odds. 19.1.2016 q I am writing this letter to you to tell I know it is always easier said than The Fall of Tinsel God Rajindar Sachar How mighty have fallen fits in warned “those who attempt to and non-Muslims who are completely with the rout of B.J.P. in equate India with Hindus…..are in benefiting the most from the $ 4.5 recently held elections to Bihar reality enemies of Hinduism itself billion animal slaughter business. Assembly. To any analyst it looked and Hindus, as they weaken and Except for direct consumption, in that it was going to be close fight – it sunder the fabric of nation”. He also which case both Muslims and non- is no hidden secret that progressive had pointed out that cow was never Muslims are at par in terms of forces in the country like considered a sacred animal even consuming beef, all associated academics, writers and social during early Vedic period of Hindus. business including meat export, activists who were passive at the The silence of Prime Minister at the bone-crushing and powder start were forced to be active as the complicity of B.J.P. Members in industry, leather and horn real face of B.J.P. through its boss participating and encouraging processing industries, blood RSS emerged threatening the very attacks on Muslims at Attali processing, animal fat and soap core values guaranteed by Indian (Haryana) and Dadri (U.P.) created industry are dominated entirely by constitution, and thus posing a a massive revulsion against B.J.P. non-Muslims”. danger to the integrity of the Such was the low level of falsehood B.J.P. is trying to lower the impact of country. and hypocrisy at projecting issue of this defeat by saying that it will not , the Beef to target Muslims when reality in any way affect the position and Socialist leader had as far back as was entirely different. This has popularity of its leader Modi. How 1965 given the warning. He said; been exposed by a study done by self serving and false. Even a day “Some like the RSS might do it Research Centre thus; “Muslims before counting a senior Minister of openly by identifying the Indian are earning peanuts as against the Central Cabinet was openly nation with Hindu Rashtra, others general perception about the trade, downgrading exit polls and stating might do it more subtly”. J.P. and it is actually the government that they were absolutely sure that

PUCL BULLETIN, FEBRUARY 2016 9 women have voted in large number t h e f u n c t i o n i n g o f M o d i how can different criteria be applied because they have confidence in Government's divisive policies – to to a present loss in Bihar. Prime Minister Modis leadership cap it all Moody Rating Agencys The biggest self inflicted damage to and promise of development. public criticism of this communally B.J.P. is its placing Modi on to a Some B.J.P. apologists may try to surcharged atmosphere created by pedestal of semi-god, who it is distinguish the voting pattern at the Modi's inaction in restraining his imagined will alone take the party Centre and States as being state satraps shows that impact of into a march of victory. Such an i n f l u e n c e d b y d i f f e r e n t loss of Bihar will further seriously approach is suicidal in a democracy considerations. It is true that in cause damage to the credibility of as propounded in the impeccable earlier elections Prime Ministers Modi government. warning given by Dr. Ambedkar though they may have participated In my view immense thanks for thus; “The second thing we must do in State elections, no other Prime defeat of B.J.P. are due to the is to observe the caution which Minister had canvassed as Modi unexplainable conduct of Mohan John Stuart Mill has given to all who did whole time for the State as if he Bhagwat RSS leader pontifically are interested in the maintenance was competing to become State declaring that Reservation policy of democracy, namely, not 'to lay Chief Minister. needs to be reconsidered. It is still a their liberties at feet of even a great No, the public will not buy party mystery how such obviously man, or to trust him with powers apologists plea that the blame if any damaging statement against which enable him to subvert their is of the party, because this flies in interest of B.J.P. could be male by institutions'. There is nothing wrong face of B.J.P. whole time RSS Chief – could it be the danger in being grateful to great men who propaganda which was to ask for to Brahmanical Supremacy being have rendered lifelong services to vote because of Prime Minister captured by a lower caste – let us the country. But there are limits to M o d i ' s a l l e g e d s w e e p o f not forget that Modi is from gratefulness. For, in India, Bhakti or development plans which were backward caste. I cannot find any what may be called the path of supposedly for the masses but other rational explanation for such devotion or hero-worship, plays a were unashamedly corporate high blunder. part in its politics unlike in any other friendly. A slavish kind of excuse for the loss country in the world. Bhakti in As it is Modi has not enhanced his by B.J.P. is being forwarded by the religion may be a road to the stature at the way of functioning of loyalists of B.J.P. that the victory or salvation of the soul. But, in politics, Central governance. Even pro Modi loss of elections should be Bhakti or hero-worship is a sure enthusiasts now concede that the attributed to the party and not road to degradation and to eventual working of Central government in personally to Modi. This is a limit of dictatorship.” (emphasis added) the matter of enunciating policies hypocrisy. The landslide victory in People have given an extraordinary on important matters are no where Parliament and even in State opportunity to Nitish and Laloo. It is to be seen. Decision making is elections was attributed to Modi expected that they will continue centralized in P.M.O., with both in Maharashtra and Haryana their sagacity and mutual unpardonable delays. when no one can deny that in both accommodation. This is the least Even the corporate sector which States B.J.P. as a party was poor they owe to the masses of Bihar, was the strongest supporter of third. If success in those States was who have put their trust in them. Modi is having second thoughts at legitimately given to Modi's image 14th November 2015 q

Note: Readers may remember that Nayantara Sahgal was the first person from amongst winners of the prestigious Sahitya Akademi award to return her award protesting the atmosphere of `intolerance' that prevails in India and the silence of the PM in not condemning the hate crimes and communal violence that is sweeping the country in the months since the BJP government came to power in May, 2014. Nayantara Sahgal's action literally stirred the conscience of secular minded citizens and scores of other Sahitya Akademy award winners also returned their awards. Recently Nayantara Sahgal delivered a Lecture in Hyderabad during the Hyderabad Literary festival. We carry the text of her speech: India Needs Hindustaniyat, not Hindutva Text of speech delivered by Nayantara Sahgal on 07th January, 2016 in Hyderabad Let me begin by wishing us all a secularism. It was a dangerous danger is by no means over. happier New Year than the past trend that we could not ignore, and Just the other day I was planning to year has been. we did not ignore it. Many of us took see the movie Bajirao Mastani in Last year, we had to watch a series action against it, and the general Dehra Dun where I live, but a bunch of events that attacked our public reaction against this trend of people turned up at the cinema democratic right of freedom of sounded a note of warning to those and stopped it from being shown. expression and our culture of who were responsible for it. But the The same thing has happened in

PUCL BULLETIN, FEBRUARY 2016 10 Mumbai and I don't know where establish a Hindu rashtra – which lives of Indian women — barring the else. And it has happened with will divide Indians into Hindus and wealthy, independent upper crust, other movies, books, book Others, treating all others as and those who are lucky enough to launches, music concerts, second-class citizens. So these live in a liberal environment? We exhibitions of paintings and so on. A incidents are an attack on our are already coping with a primitive gang turns up, maybe armed with Indianness, and on the very mindset in parts of our society that sticks and stones, or black paint, or meaning of India, which chose, at forbids menstruating women, or guns, and forces the closure of independence, to reject a religious any women, from entering temples; whatever they disagree with. It has identity, and become a secular a mindset that aborts female become so usual, that apart from a democratic republic. foetuses, that persecutes or kills s m a l l p a r a g r a p h i n t h e One way of raising our voices women for more dowry, that newspapers, nothing happens to against this threat is by holding savagely punishes inter-religious the thugs who go on behaving this festivals of literature like this one [in or inter-caste marriages, and that way. Hyderabad], where writers and calls rape the fault of the way There have been incidents of readers and critics can get together women dress. Crimes against violence against free expression to discuss and debate, and agree or women are commonplace among before, but they didn't have the disagree. This way, we give public us. Do we really need a protection of people in power. Now notice of the fact that writers will go fundamentalist mindset to make the attack on dissent is both official on writing the stories they want to such thinking socially acceptable, – to wipe out history and science write, publishers will go on and respectable? As it is, we are and replace them with mythology – publishing them, readers will read living in a world where the Taliban and unofficial, by thugs, who have what they wish to read, and that and ISIS and other fanatics are gone to the extent of murdering and none of us will toe the line of those making life hell-on-earth for those lynching those who disagree with who want to make rules about how who disagree with them, and them. So the question is, Are we we should think, or live, or worship, reducing women to sub-human going to let other people dictate and they certainly cannot tell us status. So we don't need any home- what we should read, or look at, or what we should or should not eat. grown fanatics adding their own listen to? Life and literature are not in brands of madness to the madness In the last year and a half, this has separate compartments, which is that already surrounds us. become a question we can't ignore. why our fight for the freedom to Debate and dissent are part of This is why many writers like me write has become a much larger Indian tradition, and they have returned our Sahitya Akademi one connected with our lives in n e v e r b e e n c o n f i n e d t o Awards in protest against the general. In the past year, we have intellectuals. We have heard voices murder of three writers – two of heard strange announcements that from the ground up, protesting them well-known rationalists who will affect our daily lives unless we against the Bhopal gas disaster, had refused to kowtow to vigorously oppose them. We have taking part in the Narmada Bachao s u p e r s t i t i o n . W h e n t h e s e been hearing that women must be Andolan, in the Chipko movement assassinations were followed by home before dark, that married in Uttarakhand to protect the the brutal lynching of a poor women must confine themselves to forests from destruction, on nuclear blacksmith, Mohammad Akhlaq, on looking after their homes, and not issues, and on many other issues the excuse that he was a beef eater, work outside their homes. that affect the lives of the aam- the whole country was shocked and Apparently their job in life is to stay admi. And this right to dissent is revolted. Many scientists, pregnant, since we are told that a particularly important today on the historians, film makers and film Hindu wife should produce a national level when we have to stars spoke up against the rising certain number of children so that decide whether we want to go on tide of hatred in the country, and the population increases. building a modern society in the 21st trampling of human rights. The We might well ask ourselves, is this century, which will remain open to President, and earlier the Vice for real? But what else can we think, knowledge and reason, or be President, had already spoken out when these fantastic statements pushed backwards into unreason, against this ugliness. come from leading lights of the superstition, and ignorance. It was clear these were not isolated ruling Hindutva ideology, and no Raising our voices against the incidents. They are not just part of a one in authority has contradicted backward tide has made a fringe mentality that wants to them? difference. I have noticed that control the way we live and think, Women are always the worst Christmas was allowed to be and eat and worship. They are part victims of fundamentalism, so how Christmas this year and there was and parcel of the outlook known as is such a mindset, if it is allowed to no nonsense about calling it “good Hindutva whose objective is to have its way, going to affect the governance day”. Gandhi Jayanti,

PUCL BULLETIN, FEBRUARY 2016 11 which was reduced to Jhadoo Day creative genius in our many makers and scientists raising their last year, has not quite been languages and in our film world. So voices over the last few months, Sahgal restored to a day of remembrance it is a great time for creative people said, “The danger is by no means of one of the greatest men of all to go to work – through wit, irony, over… our fight for the freedom to write has become a much larger one time – but at least ministers satire, and sheer comedy – on all connected with our lives in general.” wielding jhadoos have not filled the that is happening today. The audience gave Sahgal a standing TV screens. So let me wish us all a year of great ovation. But as if to prove her point that In a democracy, public opinion has writing. And let me end by rejecting resistance must continue, the Chief a huge role to play in reversing an Hindutva and wishing us all a New Guest, E.S.L. Narasimhan, a evil tide. And fiction and films Year ofHindustaniat and insaniyat. former director of the Intelligence influence public opinion, not by Bureau, skipped his prepared speech making political statements or This the text of the lecture for a rant on “subjective dissent”. polemics, but by the stories they tell Nayantara Sahgal delivered at the Claiming that freedom of expression is Hyderabad Literary Festival on a universal right but dissent is a and the way they tell them. The subjective matter that depends on greatest of these have always January 7, 2016. The text was first published by the Indian Cultural “interpretation”, he likened the recent involved themselves with the killings and polarisation to “family controversies of their times, Forum. disputes”. His response to Sahgal's call whether these were political, social http://indianculturalforum.in/index. for resistance to attacks on Indianness or economic. I am reminded of a php/2016/01/13/reject-hindutva- was a familiar line about the greatness film classic of the 1940s called The embrace-insaniyat-nayantara- of our nation, home to the richest Great Dictator, produced and acted sahgal/ language of all, Sanskrit. Narasimhan by Charlie Chaplin. At a time when End - Note: As Guest of Honour at the also blamed civil society for its “double standards”, asking if civil society is Europe was occupied and recent Hyderabad Literary Festival, Ms. Nayantara Sahgal made a strong “only for terrorists…” terrorised by Hitler, Chaplin made http://thewire.in/2016/01/13/indi him a ridiculous figure and a case for continuing resistance to the Hindutvadi goal of a Hindu rashtra. a-needs-hindustaniyat-not- laughing stock in a hilarious Despite writers, scholars, artists film hindutva-19227/ @ 14.1.2016 q comedy. We have no shortage of

Credibility is Crucial The SC Must Ensure Transparency in the Collegium System Rajindar Sachar Having upheld the collegium The US Supreme Court declared in decisions in total secrecy and to the system over the executive attempt Marbury v. Maddison that the total exclusion of the legal family to take over the matter of Constitution was the fundamental and the public. appointments of judges, the and paramount law of the nation It is in this context that it needs to Supreme Court will now wrestle and “it is for the court to say what open wide and let sunlight in before with the question of developing a the law is”. This was emphasised finalising the appointments. It credible mechanism for the same, by Justice Patanjali Shastri as far should thus agree to share the at a hearing on November 3. back as 1951, when he upbraided information with stakeholders, like This is all the more necessary the Executive thus: “That we think it the public and the legal fraternity because of the self-serving right to point out, what is sometimes especially. In the first instance, it statements of the sovereignty overlooked that our Constitution should disclose the names being vesting in Parliament (by both the contains express provision for considered on the website and to BJP and the Congress-led judicial review of legislation, as to the bar associations concerned. opposition) are muddying the i t s c o n f o r m i t y w i t h t h e The objectors will have the right to situation. It is a settled law that Constitution”. raise objections and a decision will wherever there is a written The only way the judiciary can now be taken thereafter. It would be only Constitution, the supreme law is the disabuse an unfair charge that it is fair to give an opportunity to the law of the Constitution. For self-serving is to make incisive candidate who is being considered Parliament to accept that its powers changes in the functioning of the to meet these objections. Not doing are limited by the Constitution is not collegium system. Obviously in so can lead to, and in fact did lead in any manner to derogate from its making judicial appointments, the to, the prejudice of many sovereignty, but only to accept that court can not act as a panchayat p r o s p e c t i v e a p p o i n t e e s . its sovereignty, like the sovereignty chaupal and take decisions sitting Amusingly, there is a true incident of the executive and the judiciary, is in the open. But it also cannot act in of this prejudicial implication of how limited by the written Constitution. a free masonry way, taking a lawyer's (now a judge)

PUCL BULLETIN, FEBRUARY 2016 12 recommendation made years ago people in the judiciary and in manoeuvring and petty functioning. was withdrawn because the democratic values. The persons The collegium, as a matter of Intelligence report said he was a who are going to administer justice reaffirmation, should follow the “boozer”. Nobody took the trouble are, therefore, required to be direction no. 6 given by Verma J (in of checking it with him or from chosen in a transparent manner. 1993 case) namely: “Appointment others — he was a teetotaler. The People have a right to know about to the office of the Chief Justice of unfortunate result was a delay of the antecedents of a candidate who India should be of the senior most many years for his fresh is going to administer justice. judge of the Supreme Court appointment. Antecedents could involve his considered fit to hold the office”. Not only is there nothing wrong in b a c k g r o u n d , h i s a s s e t s , It is evident that for such sensitive this course of openness, but also is qualification and achievements, posts, a broader element of mandatory by law laid down by the which he has made in the legal selection mechanism is necessary. Supreme Court in PUCL (2000) profession and in other walks of life. To say that to involve persons other thus: “Citizen's right to know is This will enable people to inform the than judges in selecting judges will derived from the concept of selection committee about such bring in extraneous pressure is too freedom of expression under Art. candidates, his merits or demerits. simplistic. This argument proceeds 19(1)(a) and that people of the The transparency will check tainted on the assumption that the judges country have a right to know every appointments as well as the are immune to human frailties while public act or everything done in appointments made of kith and kin, making non-judicial decisions public by public functionaries”. It near friends and relatives. The (such as appointments and was pointed out that in a performance of an advocate is an transfers). This self-glorification is democratic form of government, it act in the public domain. In fact, not accepted even by members of is the MP or an MLA who whatever he/she does as an the judiciary, vide expostulation of represents the people of his advocate (or as a judge) is seen by Justice Frankfurter of the US constituency in the highest law- the other members of the Bar. It is Supreme Court that “all power is of making bodies at the Centre and further clear that information about an encroaching nature. Judicial the state, respectively. In order to the antecedents of the candidate power is not immune to this human ensure the purity of elections and will enable the authority concerned weakness. It must also be on guard transparency to the process of to appoint judges, only after against encroaching beyond its election, the court directed that considering various factors on proper bounds and not the less so people have a right to know about merit, including his honesty and since the only restraint upon it is the background of the candidate, integrity, besides the knowledge of self-restraint”. h i s a s s e t s , e d u c a t i o n a l law. The former Chief Justice, AS qualification, etc. There is motivated talk of the Anand, reminded the judges that The same principle ipso facto must seniormost judge not necessarily though “our function is divine, the apply to the judiciary which is being made the Chief Justice. This problem begins when we start another pillar of democracy. The is a dangerous move — in our thinking that we have become administration of justice is essential context — as it will open the divine”. for reposing the confidence of the floodgate of the Executive Published in The Tribune q

Press Release: “Dilution is the Solution” – A de-facto understanding of MoEF & CC Let us fight back the dilution of COD norms from 250 mg/l to 500 mg/l for sea discharge by Ministry of Environment, Forest and Climate Change not based on study but based on the discharged norms which industries might be able to achieve. The MoEF & CC is waiting for “Right-Time” to make An Announcement Rohit Prajapati “Achievable” environmental the discharged norms which industrial clusters of India. It is a norms—rather than the “caring industries might be able to achieve. shameless attempt to condone capacity” of the environment—are The MoEF & CC is waiting for “right- industrial expansion even in areas the criteria for the prescribed norms time” to make an announcement. where there is evidence that the for India's MoEF & CC. Let us fight This approach of “dilution as the environment is already 'critically back the dilution of COD norms solution” to deal with violations of polluted'. from 250 mg/l to 500 mg/l for sea norms by the present MoEF & CC Now we are in an era where the d i s c h a r g e b y M i n i s t r y o f has been carried over since the three ministries of environment, Environment, Forest and Climate former MoEF and continues to labour and industry, individually Change; the proposed changes are deteriorate and deplete the and collectively, are increasingly not based on study but based on environment at irreversible levels in concerned about “improving

PUCL BULLETIN, FEBRUARY 2016 13 environment” from the perspective indicators of environmental pressure from the industrial lobby, of industry and its profitability, pollutants. Pollution is affecting not moratoriums on some of the industrial-friendly labour laws and only people living around the clusters were lifted ignoring the prosperity of industry; this is aimed industrial area but anyone overwhelming evidence of damage an accelerating production and consuming it – hence not restricting to environment and agriculture. profits of industrialists in the the impact to the particular This clearly indicates that central “interest of gross domestic product industrial area. government is not concerned about (GDP)”. As per the agreed upon measures, the environment but it is working Keeping in mind the above industrial areas with a CEPI of 70 under the pressure of Industrial objective of these three ministries and above are considered “critically lobby and central government is in practice, time has come to merge polluted” areas while those with a involved in reversing the past these ministries in one which can C E P I b e t w e e n 6 0 - 7 0 a r e decisions of the Ministry of be named as 'The Ministry of considered “severely polluted” Environment, Forests & Climate Industry, Investment, Industrial- areas. In our opinion, those Change to please the industrial friendly Environment and Labour'. industrial areas with CEPI between lobby. By merging the three ministries, the 40-60 ought to be labelled as Let me also make it very clear that g o v e r n m e n t w i l l b e m o r e “polluted areas”. when any government and its transparent to overtly express its In December 2009 the CEPI of 88 concerned authorities talk about real concern and commitment to polluted industrial estates was “prescribed norms” for the industry, profit and GDP. measured; it was then that the chemicals, we should keep in mind Following consistent struggle by CPCB and the Ministry of that it only means that government pollution-affected people, people's Environment and Forest (MoEF) of is “OK” with that much pollution o r g a n i s a t i o n s , a n d N G O s Government of India were forced to load and not that there will be no regarding increasing pollution declare 43 of those as “critically impact at all on environment and levels in industrial areas of India, polluted areas” and another 32 health of the people. The the Central Pollution Control Board industrial areas as “severely “prescribed norms” calculations are (CPCB) and the State Pollution polluted” areas. Following this not based on carrying capacity of Control Boards (SPCBs) in 1989 study the MoEF on 13 January the environment and the people but initiated the process of indexing 2010 was forced to issue a bearing capacity of the industries to critically polluted areas. At that moratorium (prohibition on opening keep up their profitability. The time, 24 industrial areas including new industries and/or increasing “prescribed norms” of a chemical Vapi, Ankleshwar, Ludhiana etc. the production capacity of the substance is an exposure level to were declared “critically polluted”. existing industries) on the 43 which it is believed an environment Thereafter, in several meetings of critically polluted areas. At that and people can be exposed day CPCB and SPCBs serious debates time, Paryavaran Suraksha Samiti after day for a lifetime without on the pollution status of these (PSS) and other environment adverse effects. Same is the case areas were undertaken. Even after protection groups had asked for a with the Threshold Limit Value formulation of “action plans” for the moratorium on all the 75 (43+32) (TLV) concept for the working said industrial areas no substantial polluting areas, but the powerful condition inside the industries. or qualitative change was observed industrial lobby and state When we design the “norms” the in these industrial areas. For this governments working in tandem fundamental question we should reason, in 2009 the CPCB and IIT- prevailed to prevent such a ask to ourselves that are we Delhi, listening to the demands of moratorium. The mucky politics designing the “norms” based on the people's organisation's working and economics of “GDP growth” carrying capacity of the area i.e. on environmental issues decided to prevailed over the cause of 'life and keeping in mind existing pollution use a new method of “indexing the livelihood' of ordinary people and load of the area? Are we pollution levels” of these areas, 'environment & conservation'. considered the facts that many which is now known as the In 2009, the Ankleswar's industrial people staying in nearby industrial “Comprehensive Environmental area, with 88.50 CEPI, topped the clusters are living below poverty Pollution Index” (CEPI). The CEPI list of “critically polluted areas” of line and are not able to take includes air, water, land pollution India. required calories in their diets and and health risks to the people living In 2011 and 2013, Vapi industrial many of them are malnourished? in the area. However, our demand area, with CEPI of 85.31, topped Are we designing the “norms” for has been to include the health of this list. particular cluster or designing the the workers, productivity of land Thus 'Development Model of “norms” for an area in general? Can and quality of food/agriculture Government of Gujarat' has led to we design just general “norms” or produce in the index since the toppers in “critically polluted we should design area specific contamination of the food supply areas” in India in 2009 and “norms”? Same is the case with and environmental impacts on continues to maintain its position in calculation of TLV. Today very few population health should be 2011 & 2013. Then after undue people have information and

PUCL BULLETIN, FEBRUARY 2016 14 knowledge about the data based industrial policy to ensure the while more industrial clusters will used for the design of “environment profitability of the industries. join the list of critically and severally norms” and “TLV”. We do not It is time to oppose the dilution of polluted areas in reality. This will debate the authenticity of data base COD norms from 250 mg/l to 500 only lead to further deterioration of itself. mg/l by MoEF & CC. Raising the the environment. This is a result of the economic and norms will artificially reduce the Now it is crystal clear that for 'Modi political decision that decides the number of the critically and G o v e r n m e n t ' t h e w o r d central and state government's severely polluted areas on paper, ' E n v i r o n m e n t ' m e a n s o n l y “Environment For Investment”. q Gujarat PUCL: Letter to the State Election Commissioner: 24 November 2015 Demand for re‐polling before 2nd December 2015 Dr. Varesh Sinha It is extremely unfortunate that the Under the circumstanstances, we State Election Commissioner, State Election Commission headed demand following: Sardar Patel Bhavan, by you is taking up the process of 1. Organize rerolling before 2nd Sec.10, Block 9, conducting local body elections, in December, 2015 at least for the Gandhinagar, Gujarat 382010 a very casual way. It is not that we voters who were deprived to Subject: Demand for re-polling make this allegation but it is an exercise their vote and participate before 2nd December 2015 outcome from the media reports in the process of selection of their voters who were deprived from and your interviews with press & elected representatives. their voting right and set up electronic media. Instead of taking 2. Ordering judicial inquiry headed judicial inquiry to investigate the the matter of deletion of eligible by Retired High Court Judge for the conspiracy of deletion of voters voters within 24 hours time which is investigation of criminal conspiracy within last 24 hours surely an unconstitution approach and identification of persons who Sir, as there is a well defined and were responsible for this tragedy in On 22nd November, 2015, the day prescribed procedure for deletion the history of State Election of election, Ahmedabad Collector of voters, Ahmedabad Collector as Commission. This conspiracy is himself had taken the stand that the well as you have said that the nothing but the blot on SEC and we voters on whose names 'Delete" voters lists were prepared by ECI. believe that it is your constitutional stamp was marked, they might be True, but the main question is who, responsibility to save the credibility allowed to vote. He had issued why and under whose instructions, of SEC which is at stake. circular too. It does mean that he the 'Delete' stamp was put on Whole India is looking to Gujarat for has accepted that some mischief names of voters who were already its development model and h a s b e e n p l a y e d b y t h e there in the voters list. Therefore, therefore, Gujarat credibility is at conspirators. And, now the ECI does not seem to be stake. Collector may be under pressure, responsible. ECI has done its duty Thanking you in anticipation that says that he has not received any and that is all. It is SEC, District you will appreciate our demands complaints from any of the eligible Collector and local body chief who and will do the needful. voters and so, everything is alright have to assume responsibility for Yours faithfully, and there is no need for repolling. what has happened. Gautam Thaker, General Secretary, PUCL Gujarat State q 9th V.M. Tarkunde Memorial Lecture on 12th December 2015 at India International centre, New Delhi delivered by Justice A.P. Shah Repeal Homosexuality Law Though the individual leaders of International Centre here, Justice F o r m e r L a w C o m m i s s i o n different political parties have taken Shah said while the Supreme Court chairperson Justice A.P. Shah on a stand against Section 377, the has an opportunity to reconsider its Saturday said the political climate move would depend on the extent 2013 judgment when it takes up in the country at present was right to which the parties as a whole are curative petitions to examine legal to bring about a change in the law prepared to “bite the bullet” and infirmities in its earlier verdict, both against homosexuality by repealing truly embrace inclusiveness and the Legislature and the Judiciary Section 377 of Indian Penal Code, fraternity as being the guiding need to act independently. “But act as key representatives of major spirits of the Constitution, said now they must,” he affirmed. political parties have criticised the Justice Shah. The former Judge pointed out in the Supreme Court verdict that struck Delivering the Ninth V.M. Tarkunde presence of a galaxy of legal down decriminalising of gay sex. Memorial Lecture at India luminaries that Prime Minister

PUCL BULLETIN, FEBRUARY 2016 15 had occasion a few by the Tarkunde Memorial He regretted that the apex court, weeks ago to say that transgenders Foundation, was devoted to the with a single stroke of a pen, had have been treated unjustly in India theme, “Section 377: From hostility criminalised the very existence of and the government needed to and hatred to courage and an entire class of people, who were change its outlook, including freedom”. now condemned to live “in the through changes to its law and Justice Shah affirmed that the law shadow of the law, in fear, and in regulations. on homosexuality could not be a oppression, and who are told that Justice Shah, the then Chief never-ending game of toss-and- their idea and expression of love Justice of Delhi High Court, headed catch between the Legislature and was against the very order of a Bench which delivered the the Judiciary. nature.” breakthrough judgment in the Naz “Today, the Supreme Court has the Former Attorney-General Soli Foundation case in July 2009 opportunity to correct the mistake it Sorabjee, veteran journalist Kuldip Nayar, senior advocate Ashok decriminalising homosexuality and made in Koushal case (2013 Desai, sitting and former judges striking down Section 377, in so far judgment) and redeem its glorious attended the lecture. as it punished consensual sexual status as the protector of Published the The Hindu, acts of adults in private, as violative fundamental rights, by asserting December 13, 2015 (NEW DELHI) of fundamental rights enshrined in that when it comes to the dignity of Link: the Constitution. The Supreme the individual and the fraternity, http://www.thehindu.com/news/nat Court reversed the judgment in constitutional morality should ional/political-climate-right-to- 2013. trump religious and social morality,” decriminalise-gay-sex- Justice Shah's lecture, organised said Justice Shah. apshah/article7981663.ece q

Letter sent by National General Secretary to the Principal Secretary, Home Affairs, Chhattisgarh Government regarding the harassment of Shri Degree Prasad Chouhan, a PUCL member and human rights defender. Harassment of Human Rights Defender and PUCL member, Degree Prasad Chouhan 9th October, 2015 Kothari. their financial, criminal and other To, A non-funded and independent antecedents; PUCL's PIL also The Principal Secretary, organization, PUCL defends ushered in the now-famous NOTA Department of Home Affairs, human rights by campaigning and (None of the Above) innovations in Mahanadi Khand, Mantralaya, mobilising public opinion on issues electoral laws. Naya Raipur, Chhattisgarh. of fundamental and constitutional PUCL has more than 20 state units rights, raising awareness and across India. The PUCL – Subject: Harassment of Human empowering people through legal Chhattisgarh state unit has about Rights Defender and PUCL a w a r e n e s s p r o g r a m m e s , 250 members and is headed by Dr. member, Degree Prasad conducting investigations and Lakhan Singh as President and Chouhan publishing findings, and filing PILs Advocate Sudha Bharadwaj as the Dear Sir, before the Supreme Court and General Secretary. As you might be aware the People's state High Courts. PUCL's PIL in We give this long preamble about Union for Civil Liberties (PUCL) is the Supreme Court on starvation ourselves to stress that contrary to India's largest and oldest human deaths and food security led to one what has been portrayed in some rights organization founded in 1976 of the most historic and unique sections of the media and the by Loknayak Jayprakash Narayan, legal interventions anywhere in the bureaucracy, PUCL is a fiercely and having its National Office at world – to the SC declaring the independent, unaffiliated and non- Delhi. Many eminent citizens have fundamental rights of citizens to partisan organisation which been and are part of PUCL, food as encompassing right to food, believes in the rule of law and works including former Vice-President of nutritional and livelihood security. within the framework of the Indian India, Krishna Kant, Acharya This unique PIL of PUCL has been Constitution. The organisation Kripalani and former Judges of instrumental in ensuring mid-day seeks to protect and promote Supreme and High Courts, meals in government schools constitutionally guaranteed academics, journalists and other across India ensuring that millions fundamental and human rights professionals. Its former of children are assured of thereby deepening democracy, rule Presidents have included noted wholesome meals each day. Other of law and responsive, responsible jurists like Justice Tarkunde and famous PILs which brought about and accountable governance. Chief Justice Rajindar Sachar, new law, is the elections PIL in the The purpose of this letter is to bring Senior Advocate KG Kannabiran SC which made it mandatory for to your notice repeated harassment and academics like Prof. Rajni electoral candidates to make public of the Vice President of PUCL

PUCL BULLETIN, FEBRUARY 2016 16 Chhattisgarh state unit, and a well A team of PUCL activists has been demanded by the police. He also known Human Rights Defender, continuously working on the issue recorded his statement alongwith Shri Degree Prasad Chouhan, by of human trafficking in Kapu area statement of a villager from his the police of Raigarh district. Shri which is on the border of Raigarh, ancestral village rebutting the Chouhan has been working with Jashpur and Surguja district of allegations made against him. courage and dedication for the past north Chhattisgarh and from where When a delegation of the several years on the issues of hundreds of tribals and dalits have Chhattisgarh PUCL met the discrimination and atrocities on been reported “missing”. Shri. Superintendent of Police Raigarh Dalits, land rights of tribals, attacks Chouhan, alongwith other social on 27.08.2015, the SP informed on minorities, violence against activists, visited the area many that this was merely a formal women and children, human times for fact finding, public e n q u i r y. We h o w e v e r a r e trafficking and custodial violence. hearing, and meeting the concerned that this is not such an The cases dealt by him include - the authorities and Police for innocent, routine enquiry. What is death of a dalit youth in police registration of FIRs. As a result of striking is that the complaint is firstly custody in Lailunga which is still these efforts, 11 persons including anonymous and secondly bereft of pending; illegal detention of dalit the local traffickers and placement any facts or particulars and is in fact youth on alleged cow slaughter agents were arrested. When f u l l o f i n n u e n d o e s a n d charges in Kharsiya, whereas the criminal elements running the unsubstantiated claims. It is cattle were electrocuted on a trafficking network tried to kidnap surprising that an anonymous railway line and the accused had and intimidate witnesses, Shri. complaint is being given such been called by the Railway Police; Chouhan and other activists importance by the police and Shri. and communal attacks on brought this to the notice of local Chouhan has been called to the Christians and churches in various police and administration. A report Police Station and made to record a districts, including in Sirisguda and has been published about the statement. While as a law abiding, Madhota of district Bastar. In the Human Trafficking situation in peaceable and constitutionally latter two incidents no doubt he North Chhattisgarh which Shri. minded citizen Shri Chauhan attracted the ire of right wing Chouhan sent to the Anti-Human presented himself before the police Hindutva organisations in the local Trafficking Cell. He was part of the officials as requested, such a area. team of activists who met the DGP, roving enquiry by the police officials Shri. Chouhan was also part of a Chhattisgarh on 25.08.2015, causes unnecessary anxiety and joint fact finding team of PUCL and requesting support from the police avoidable doubts about the bona HRLN which visited Village department and suggesting fides of the police action. Edesmeta, P.S.- Gangalur, Dist.- measures to counter human We would like to point out that this is Bijapur, Division- Bastar in June trafficking. the second time, the police have 2013 where 8 tribals including 4 Surprisingly, on the very next day, detained/ interrogated Shri. minors had been killed in an i.e. 26-08-2015, 3 policemen Chouhan. What concerns us encounter with security forces. visited Shri. Chouhan's home in therefore is that the police action of After interviewing the tribal villagers Raigarh, and in his absence calling, questioning and recording to enquire about the incident, Shri. informed his wife that he was statements when there is no prima Chouhan wrote complaints to the wanted in the police station. When facie reason disclosed as to why he concerned Police Station and also he reached the Police Station is being questioned in effect the Superintendent of Police for Kotwali the next day he was amounts to creating an intimidatory r e g i s t e r i n g F I R , b u t w a s informed that an anonymous and threatening atmosphere. We unsuccessful. He also sent his complaint had been received are also concerned that the police complaint to National Human against him three months earlier, have not as yet recorded a closure Rights Commission (NHRC). A alleging that “Mr. Chouhan has report with regard to the above petition filed by him to set up a connections with PUCL which is a anonymous complaint and given a Special Investigation Team to naxal organization of Narayan copy of the same to Shri Chouhan. investigate the matter is pending Sanyal, he keeps naxal literature In the background of the exposure before Supreme Court. No doubt and reads it, he also attends by Shri. Chouhan of the anti-social his attempt to unravel the truth of meetings of this organization, and activities of traffickers as also the Edesmeta incident has made him strange people visit him.” It was dangers posed by communal, right- unpopular with the police. On further alleged in the complaint that wing elements, we are left 06.11.2013, Shri. Chouhan was “Mr. Chouhan keeps mobile and wondering whether there is detained and asked to give a has laptop”. After reading the collusion between the local police statement regarding his activities to complaint Shri. Chouhan strongly and agents of traffickers and local the police. No incriminating act or refuted all the allegations made communal organisations operating evidence however could be found against him. He produced his voter in the area to put down a person against him. Id-Card, Ration Card and acting by his conscience to uphold documents related to his job as PUCL BULLETIN, FEBRUARY 2016 17 c o n s t i t u t i o n a l v a l u e s a n d o f I n d i a a n d d e f e n d i n g Thanking you, fundamental rights of citizens. marginalized and victimized Yours sincerely, We urge you to recognize the sections of people. We request you Dr. V. Suresh, General Secretary, crucial role of Shri Degree Prasad to ensure that such human rights PUCL National. Chouhan and other members of the defenders like Shri Degree Prasad ------PUCL as Human Rights Defenders Chouhan are not harassed in the Cc: The Director General of who are performing an important name of frivolous, anonymous Police, Police Headquarters, New duty of upholding the Constitution complaints. Raipur, Chhattisgarh. q

Gujarat PUCL: Press Note: 29th October-2015 Implementation of NOTA Option is Compulsory Election Commission needs to fulfill leaders had announced that their b o d y a n d r e s p o n s i b l e f o r its duty with impartiality resisting community would use NOTA option preservation of democratic values. pressures Gujarat State Election during the local body elections on a The commission seems to have Commission has announced local large scale. It seems very apparent forgotten about its own status and b o d i e s ' e l e c t i o n s . I n t h i s that the state election commission is behaving as if it is the servant of notification, they said that NOTA has taken this decision because ruling party, it appears very clearly. option will not be given. Option of Patidar community is being The people of Gujarat will be NOTA was introduced in all the considered as a vote bank of ruling thankful to Hon'ble High Court elections making it mandatory as a party and if NOTA is allowed, it may which has exposed in no uncertain result of consistent efforts by PUCL damage the interests of the ruling terms the unethical partnership of and with the directive of apex court party. Gujarat High Court has also State Election Commission and of the country. Central Election severely criticized election ruling party. Election Commission Commission had instructed all the commission for not conducting has been made aware of its states to implement NOTA. Under elections in time and not rightly autonomous status and its the circumstances, State Election implementing constitutional responsibilities and duties and has Commission, on its own, cannot provisions. ordered to behave accordingly by take decision to disallow NOTA It is the duty of the Election Hon'ble High Court. Let us hope that Election Commission will option. The way State Election Commission to conduct the conduct elections impartially and in Commission is working is indeed elections in State in free and fair fair manner. dangerous for the democracy. manner and under peaceful In reality, some of the Patidar environment. It is an autonomous Gautam Thaker, General Secretary, PUCL Gujarat q

Letter to the Chief Election Commissioner of India: November 25, 2015 Re-polling in Ahmedabad Municipal Corporation Elections of 22nd November, 2015 To, became Republic in the year 1950. only for you but for us also, the Dr. Nasim Zaidi, It has been India's pride across the concerned citizens and NGOs like The Chief Election Commissioner globe where democracy is us. of India, ushering. This is why some of the However, the manner in which the Nirvachan Sadan, countries have sought ECI process of conduction of local Ashoka Road, guidance and support for bodies elections in Gujarat going New Delhi 110001 conducting similar election process on is a matter of serious concern Subject: Re-polling in in their countries. Organizing creating a blot in the glorious image Ahmedabad Municipal elections in a country like India, of ECI. Corporation Elections of 22nd where there are somewhere With each day passing, more & November, 2015 around 1500 registered parties and more petitions are coming to High Respected Sir, the figure goes on increasing year Court. It may not be surprising if Namaskar ! by year and having a population SEC creates a record of petitions The Election Commission of India with very diverse ethnicity, which during this election completely has established great image by has crossed 1000 millions long tarnishing the image of ECI built regularly conducting free and fair b e f o r e i s i n d e e d a g r e a t over decades. elections in the country since India achievement for ECI and, Since last one month, Hon'ble High therefore, it is a matter of pride not PUCL BULLETIN, FEBRUARY 2016 18 PEOPLE’S UNION FOR CIVIL LIBERTIES MEMBERSHIP FORM

The General Secretary, People’s Union for Civil Liberties Dear friend, I subscribe to the aims and objects of the People’s Union for Civil Liberties and agree to abide by its Constitution. Please enroll me as a member. I remit herewith Rs 50/- (yearly)/ 1000/- (Life)/ 2000/- (Patron) membership fee. [See Clause 3(c) and (d) of the Constitution]. I also remit herewith Rs.100/- at concessional rate as the subscription of the PUCL BULLETIN (optional).

I am not a member of any political party/I am a member of ______

______(Party).

Name : ______

Address : ______

______

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State : ______Pin Code : ______

E.mail : ______Contact Phone : ______

Signature

NB: Please send money in the name of the ‘People’s Union for Civil Liberties’, preferably by DD/MO. In case of outstation cheques, please add Rs. 70/-. Please do not send Postal Order. Always send the Membership Form to the State/local branch. National Office: PUCL, 270-A, Patpar Ganj, Opposite Anand Lok Apartments (Gate-2), Mayur Vihar-I, Delhi-110091 (Phone: 011-2275 0014)

Court of Gujarat has passed many the State Election Commission and Municipal Corporation, were strictures against functioning and remarked in the open court 'Bear in conducted on 22 November process of conducting local bodies' mind that the election commission 2015 in which 1.03 lakh voters elections against the State Election his an independent and is not were denied their right to cast Commission which is a matter of controlled by the state or any vote, though their names were grave concern. agency'. already there in the voters list During the hearing the High Court 1. As you may be aware that but carried red color 'Delete' of Gujarat came down heavily on recent elections of Ahmedabad stamp on their names. On

PUCL BULLETIN, FEBRUARY 2016 19 Date of Pub.: 28-29 JANUARY, 2016

November 20, 2015, SEC polling which is also a mystery. declared 39.83 lakhs eligible The results of these Elections voters and final figure on in Ahmedabad Municipal November 22, 2015 was given Corporation are scheduled to as 38.79 lakhs. Within 24 be announced on 2nd of hours, how that has happened December 2015. There was is a matter of inquiry. The ample time for State E.C. to questions rose as to how, why, conduct re-polling after who and on whose instructions including about 1.3 lakh the names were deleted by deleted voters. For what stamping 'Delete' on the names reasons, SEC looks for the of voters in the voters list in the people to approach High Court last 24 hours. to issue directives rather than 2. After receiving complaints from applying its own mind and the political parties, the f o l l o w i n g c o n s t i t u t i o n a l Collector of Ahmedabad procedure as is the case in the announced through media and entire history of election issued a circular to allow such commission. voters whose names were 6. Your Ahmedabad's concerned already there in the voters list officers involved with election but carried 'Delete' stamp mark process including Chairman of on the name will be allowed to State Election Commission, vote. When the collector of Collector of Ahmedabad, and Ahmedabad accept that delete Commissioner of Ahmedabad of voters are there he issued a Municipal Corporation are circular to the polling officers at passing the buck to ECI, saying the ground level. However, that it is ECI that prepares polling officers did not allow Voters list rather than offering such voters in absence of timely solution to deliver justice written instructions to them. So to the voters. They are clearly we demand the Re Polling of stating that they have made the such voters before 2nd use of the Electoral Roll / December, 2015 on the date of Voters' List prepared by the the Election. Election Commission of India. 3. Procedure of the Election So, we have approached you to Commission is very elaborate please give this matter your to delete names of the voters personal and prompt attention and and how without following use your good offices to order for prescribed procedures their re-polling before 2nd of December to names were deleted? take into account left out voters 4. It is learnt from the media and numbering over 1.3 lakhs. newspapers that voters' names Thanking you in anticipation and of a particular community were soliciting your favorable immediate reportedly deleted in major actions to give justice to the voters numbers. of Ahmedabad. 5. After knowing full well all the Yours faithfully, above including complaints Gautam Thaker, General from the concerned voters and Secretary, PUCL Gujarat parties, why the State Election Commission is not giving re-

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