Vol. XXXVII, No. 7 ISSN-0970-8693 JULY 2017 Rs. 20 Sweeping of Country by – Sweeping of Country by Hindutva – What to be done? - Ravi Kiran Jain (1) What to be done? Ravi Kiran Jain* ARTICLES, REPORTS & DOCUMENTS: A Way of Life: Hinduism's Versus Describing the demolition of Babri Masjid in Ayodhya as “Crimes which Hindutva's - Prabhakar Sinha (4); Retired shake the secular fabrics of the Constitution of India”, the Supreme Court B u r e a u c r a t s Wa r n o f ' G r o w i n g Authoritarianism, Majoritarianism' in on April 19, 2017 put the senior BJP leaders L.K. Advani, Murli Manohar India (5); Rajasthan Textbooks Revised to Joshi and Union Minister on a joint trial with 'kar sevaks' in the Glorify Modi Government - Shruti Jain (6); 1992 case under various charges, including criminal conspiracy to pull Muslims Must Refuse to Be Killed - down the disputed structure. The Court also ordered restoration of Apoorvanand (9); Launch of Dr. Trupti Shah Memorial Lecture Series: A Report (14); charges against Rajasthan governor (who was Chief Ayodhya Case should be decided by the Minister at the time of demolition) and 8 others in connection with the Supreme Court - No Scope for Mutual case but exempted Kalyan Singh from prosecution on account of Settlement - Rajindar Sachar (17). Constitutional immunity he enjoys as Governor. After this order of Supreme Court Uma Bharti and Kalyan Singh must have stepped down. PRESS STATEMENTS, LETTERS, AND NEWS: On the other hand Uma Bharti raised the political pitch saying she never Rajasthan PUCL: Open letter to the Chief Minister of Rajasthan on the lynching of had any regrets about her role in bringing down the disputed Ayodha Pehlu Khan (7); Press-Note: Joint Protest structure on Dec 1992. She said she had always been proud of her in Jaipur demanding justice for Com Zafar participation in the Ram Temple movement. “Na maine kabhi khed vyakt Khan (8); PUCL Statement: Condemn the kiya hai, na maine kabhi mafi mangi hai” (neither have I expressed any CBI Raids on NDTV Promoters, Prannoy & Radhika Roy! (10); Justice Rajindar regret, nor have I ever apologized),” she said. Sachar's letter to Mr. Raj Kamal Jha Sahib The Indian Express dated April 20, 2017 in its Editorial observed ( 1 2 ) ; C h h a t t i s g a r h P U C L P r e s s “FINALLY, THE WHEELS of justice are turning in the Babri Masjid Statement: PUCL Chhattisgarh Severely demolition case. The possibility of due process leading to justice and Condemns the Ruthless Ambush Carried closure in one of the most seminal cases in India's political history seems out by Maoists (13); PUCL President's th letter to Hon'ble Mr. M. within reach now, 25 years after the 16 century mosque at Ayodhya was (13); Justice Rajindar Sachar's letter to demolished by activists in the wake of the Rath Yatra of Hon'ble Mr. M. Venkaiah Naidu (14); the-then BJP Chief L.K. Advani, shaming a nation and setting powerful Letter: Custodial Torture and Human Rights Violation of 21 Under-Trial new political dynamics in motion. The Supreme Court's order on Prisoners in Bhopal Jail (18). Wednesday sets back on track the judicial process and lays down conditions to ensure that the trial is not delayed or compromised further.” Annual Subscription: PUCL Bulletin In 1984 Elections in which Rajiv Gandhi had a clean sweep, BJP could (w.e.f. January 01, 2017) INDIA secure only 2 seats in .The Sangh Parivar started a campaign PUCL Members Rs. 200 for the construction of a magnificent Ram Janam Bhoomi Temple at the Non-Members Rs. 240 site and by 1985 built up a sizeable support in the Hindu Community. In Libraries, Institutions Rs. 300 OVERSEAS January 1986, locks were removed from the mosque and Ram bhakts PUCL Members US$50 were permitted to offer prayers to Ram lala. It is said that the Prime Non-Members US$100 Minister Rajiv Gandhi ordered the Chief Minister Veer Bahadur Singh to Libraries, Institutions US$120 do so who got the District Administration to ensure this. The two major political parties BJP and the Congress started a race on pandering to communal Hindu sentiments. In 1988, Hindutva Organizations led by the RSS organized a mass campaign for building a grand temple exactly where the Mosque stood. They claimed that the Mosque stood at the precise site where Ram was born. Union Home Minister Buta Singh signed an agreement with the VHP on 422

PUCL BULLETIN, JULY 2017 1 17th August 1989, that bricks for work out a favourable caste razed to the ground. Indeed it was constructing the temple would be arithmetic and win elections. an act of “National Shame” what allowed to be brought from all over Communalism on the one hand and was demolished was not merely an UP without hindrance and collected casteism on the other thus acquired ancient structure; but the faith of at the plot No. 586 near the a firm sway over the Indian polity. If minority in the sense of justice and mosque. This agreement was in anything, it were the three fair play of majority. It shook their violation of an order of the C's—centralisation, corruption and faith in the rule of law and Allahabad High Court given on 14th criminalisation—coupled with the constitutional processes. A five August that no construction activity caste and communal divide, hundred year old structure which could be taken at that spot. engineered by opportunistic was defenceless and whose safety Later, the VHP announced that 'kar political forces as the shortest route was a sacred trust in the hands of sewa' would be performed to lay to quick success, which made all government was demolished.” the foundation stone. This was also the relevant issues, concerning the In a speech from the Red Fort in a violation of the judgment given public, irrelevant. While corruption Delhi on 15th August 1992 which two days ago, prohibiting any such and criminalisation sapped the soul was broadcast, the Prime Minister activity. This repeated defiance, of out of the ideal of people-oriented P.V. Narasimha Rao had already the orders of the court did not weigh d e m o c r a t i c g o v e r n a n c e , said that “The Babri Masjid with the Prime Minister who centralization of political authority structure will be protected and the inaugurated the campaign of l e d t o a n u n a c c o u n t a b l e Ram temple built”. This assurance Congress Party the next day from bureaucratization of governance. would lead people to draw a twin city of Faizabad, and In this backdrop the movement to conclusion that the Ram Temple announced that the objective of the construct a Ram temple at the sight was not to be built on the site of the party was to establish Ram Rajya. of the Mosque also gathered Babri Masjid because that structure Soon thereafter the BJP President momentum in 1989 and continued was to be protected. The Advani, at Palampur, after the till 1992. The Supreme Court in M. destruction of the Babri masjid had National Executive Meeting, Ismail Farooqui vs UOI,(AIR 1995 deeply wounded the religious announced that the inclusion of the SC 605) noticed : “A new dimension feelings of the Muslim community construction of the temple in its was added to the campaign for the throughout India and the least that Election Manifesto “would fetch construction of the temple with the could be done to sooth those votes “ for it. It would thus appear formation of the Government in injured feelings was to assure the that the two major political Uttar Pradesh in June 1991 by the community that the Babri Masjid parties were in a race on this Bhartiya Janta Party (BJP) which was to be rebuilt. The Prime issue between 1984 and 1989. declared its commitment to the Minister gave that assurance on Looking back at the developments c o n s t r u c t i o n o f t h e Dec 7, 1992, and he referred to it on around 1989, we are reminded how temple………….The focus of the February 7, 1993 in the BBC Mandalisation was made an temple construction movement 'Phone-in programme'. He said “ I effective issue by the casteist from October 1991 was to start thought it was necessary, it was my forces in answer to BJP's construction of the temple by way of duty to rebuilt the Mosque.” Kamandalisation. Very soon, 'kar-sewa' on the land acquired by “The judgments delivered by the casteist forces came to acquire the Government in Uttar Pradesh Lucknow Bench of Allahabad High political legitimacy by projecting while leaving the disputed structure Court on September 30 on the themselves as political forces intact. ….There was a call for Babri Masjid cases not only opposed to communalism, and in resumption of kar sewa from 6th Dec flagrantly violate the law and the order to appear so, they masked 1992 and the announcement made evidence but a binding unanimous themselves as “secularists”, by the organizers was for a judgment of the Supreme Court on though the truth was that they had symbolic kar-sewa without violation the Babri Masjid case itself (`M. discovered “caste politics” as a of the court orders including those Ismail Faruqui vs Union of India' potent instrument to win success at made in the proceedings pending in (1994) 6 SCC 360. It sanctified the elections without even doing this court. Inspite of initial reports conversion of a historic mosque, anything while in power for solving from Adhyodhya on 6th Dec 1992 which stood for 500 years into a the basic problems of the masses. indicating an air of normalcy, temple.” Said A.G. Noorani in his There emerged a consensus around mid-day a crowd addressed article “Muslims Wronged” in Oct among various political parties to by leaders of BJP, VHP, etc., 22, 2010 issue of Frontline. Noorani maintain their vote banks by climbed the Ram Janma Bhoomi – further says in the same article, “On dividing the people on caste and Babri Masjid (RJB-BM) structure the Babri Masjid, for 60 years from communal lines. Non-performance and started damaging the domes. 1950 to 2010, Muslims have been by a party in power became Within a short time, the entire woefully wronged by every single irrelevant because of its potential to structure was demolished and court ruling, including that of the

PUCL BULLETIN, JULY 2017 2 Supreme Court after the demolition where Babri Masjid stood. This is the communalist nationalism which of the mosque on Dec 6, 1992”. because no Court will give any is being propagated by the BJP and An eminent jurist and Senior assistance to those who unilaterally the Sangh Parivar represents a far Advocate of Supreme Court T.R. by criminal acts destroyed the g r e a t e r d a n g e r t o I n d i a n Andhyarujina in his article (The subject matter of this dispute and Democracy than the personal Hindu) Oct. 5, 2010 said “The violated the constitution and the authoritarian rule which Mrs. Indira absence of any condemnation of law.” Gandhi and the Gandhi-Nehru the vandalism of the demolition of The Allahabad High Court verdict family were likely to impose on the the Babri Masjid on Dec 6, 1992 is a came on 30th Sept 2010 during country. A personal authoritarian conspicuous aspect of the Ayodhya UPA-II regime. After Allahabad rule is a lesser danger because it is verdict of the Allahabad High High Court judgment a grave and largely external to the people. Most Court.” T.R. Andhyarujina further s e r i o u s d a n g e r t o I n d i a n of the people do not approve it, says in the same article: “The democracy appeared on the although they are usually too afraid Ayodhya judgments of the horizon.This verdict gave a legal to stick out their necks and openly Allahabad High Court make no note shape to the political agenda of the oppose it ….Communalism, of the vandalism of Dec 6, 1992.On Sangh Parivar “Mandir wahin however, particularly when it is the the other hand, they take the Banaenge” and has legitimized the communalism of the majority and demolition as a fait accompli, as if Masjid demolition on 6th Dec 1992 can therefore take the form of the disputed 2.77 acre site was giving them a way to claim to ardent nationalism as well, can find vacant land. After holding that the construct a “Grand Temple” at the a positive response in the minds of area beneath the central dome of sight of the demolished Masjid and the people who are still prone to the erstwhile Masjid must be gave a boost to the BJP to contest religious blind faith and among allotted to Hindus because of their 2014 Elections based on this issue. whom the humanist values of faith that Lord Ram's place of birth Although against the Allahabad democracy, i.e, values of liberty, was there, and the areas covered High Court judgments many equality and fraternity are yet to be by the Ram Chabutara and Sita appeals were filed in the Supreme fully developed. Communalism in Rasoi should be allotted to the Court (which are still pending), and such cases is an internal enemy in Nirmohi Akhara, the court has said the question as to whether they the human mind and it is far more that the remaining area of the could construct a temple at the site difficult to eradicate it than an disputed site should be divided, of the Mosque had yet to be finally external enemy like an autocratic two-thirds to the two Hindu plaintiffs decided by the Supreme Court, the ruler.” Shri Tarkunde cautioned and one third to the Muslim plaintiff Sangh Parivar continued with their about the possibility of the BJP by metes and bounds. These campaign for 2014 elections that coming into power in the next judgments, therefore legalize and they would construct a Grand elections (after demolition of the legitimize the 1992 demolition, as Temple. This judgment gave Mosque in Dec 1992). In this the decree of the court proceeds on strength to the BJP and the power context he said in his memorial the basis that there is no Masjid on behind it- the RSS and the Sangh speech “as the Congress – (I) is the disputed site today. Parivar consisting of such now much weaker than before and It is an elementary rule of justice in organization as the Akhil Bhartiya the opposite parties are unable to courts that when a party to a Vidyarthi Parishad, the VHP and unite –to form an anti-communal litigation takes the law into its own the Bajrang Dal. They gave to secular platform, the BJP expects hands and alters the existing state Indian politics a heady mixture of to come to power in the next of affairs to its advantage,(as the aggressive hindu communalism election. If this happens, the demolition in 1992 did in favour of and an equally aggressive hindu secular democracy in India is liable the Hindu plaintiffs), the court nationalism. In that process they to be replace by a potentially fascist would first order the restitution of promoted enemity between the theocratic state.” However, it did the pre-existing state of affairs.” Hindus and the Muslims. The not so happen in the next election. H.M. Seervai, one of the most movement fostered by these forces But in 1999 BJP led coalition NDA distinguished constitutional lawyer contains all the essential formed the govt. with Atal Bihari in an article “BABRI MASJID” characteristics of fascism. Vajpayee as Prime Minister, with a published in Economic Times on 9th After about three and a half months strong opposition in Parliament. and 10th April, 1993, said: of 6th Dec 1992 demolition, 13th J.P. W h a t S h r i Ta r k u n d e w a s “The destruction of the Babri Masjid Memorial Lecture was delivered by apprehending in 1993 to happen, put an end to all previous Shri V.M. Tarkunde on 23rd March has happened in 2014 by the controversies raised by Hindu 1993 on Communalism and victory of Modi with a huge margin organizations about their alleged Human Rights. Shri Tarkunde said in Parliament with a weak and rights to erect a temple on the place in that lecture : “ I am of the view that divided opposition.

PUCL BULLETIN, JULY 2017 3 Now after three years of the victory 403. Yogi has the reputation of These developments make the of Modi in the Centre, Yogi being a hardcore Hindu leader. His state of human rights in the country Adityanath, a Hindu icon has been becoming the Chief Minister shows as appalling. The concerned elected as the leader of Uttar that Hindutva is sweeping the citizens have to seriously think as to Pradesh Legislative Party and country. It also shows that how they have to meet the installed as Chief Minister. The BJP secularism has not taken roots in situation. has secured a majority of 325 our country. The Hindutva *Ravi Kiran Jain, members in the Legislative elements are gradually sweeping National President, PUCL. ❑ Assembly having the strength of the country. A Way of Life: Hinduism's Versus Hindutva's Prabhakar Sinha One is a Hindu by birth. No rite is life. They choose as C.M. a person who required to be performed to make The RSS-BJP categorically and exhorts his followers to dig Muslim him a full-fledged Hindu .He may rightly assert that their Hindutva women from the grave and rape believe in God or may not believe in has nothing to do with Hinduism, them and has been declaring that if God .He may refuse to visit a which is a religion. They they (the Muslims) kill one we temple or perform POOJA .He may emphatically assert that their would kill 100. Their Ministers and criticise or condemn Hindu gods Hindutva is only 'A WAY OF LIFE ', leaders have been making and goddesses and yet remain a which should be followed by statements calculated to create Hindu .It is very different in Islam Indians regardless of their religion communal tension and riots . and Christianity .You cannot .But there is no literature to tell us Let us agree for the sake of remain a Muslim if you do not what the way of life called Hindutva argument that Akhlaq was cooking believe in the Quran and Allah or is .So, the only source of beef, that Pehlu Khan was taking believe in any other god except knowledge and information the cattle to slaughter, that anti- Allah. In Christianity also you have regarding Hindutva as a way of life national speeches were made at to go through Baptism. you may is the conduct of the practitioners of JNU and Ramjas College, that such even be ex-communicated for Hindutva: the RSS, BJP and the anti -national acts occurred at other certain unChristian acts . other members of the Sangh p l a c e s a l s o , b u t d i d t h e In Hinduism, religious and social Pariwar like Bajarang Dal, Akhil occurrences give the Hindutva values are transmitted from B h a r a t i y a V i d y a r t h i brigade the right to kill, vandalise, generation to generation in the Parishad.Vishwa Hindu Parishad beat and perpetrate other such family through mythology and the etc. crimes in the country? Just stories of icons from the past like Hindutva as a 'way of life ' was in because the Hindutva Brigade is in that of Satya Harishchandra, operation during the riots of 2002 in power, do its affiliates have become Danveer Karn, Dharmraj Yudhishtir Gujarat under Modi. The then PM, a law unto themselves and have , Maryadapurush Ram and many Vajpayee, found it against 'Raj become entitled to assume the others .A Hindu is taught to be kind, Dharm'. It was in operation when power of life and death over the compassionate, to be generous, Akhlaq was lynched in UP and people of India ? sacrificing, free from anger, Pehlu Khan in Rajasthan. It has And finally are we ready to vengeance and greed etc .* These been in operation when JNU was accept this Hindutva as a way of values influenced the life of the attacked and when Kanhaiya life for ourselves? people in ancient times . Kumar and the others were Note: F r e e d o m o f t h o u g h t a n d attacked in the court in Delhi by the *Nothing said here should be expression allowed Charvak to Hindutva lawyers and goons. The understood to imply or state that propagate his atheist philosophy, Hindutva brigade attacked Ramjas Hinduism is an ideal religion and is allowed Buddha to revolt against C o l l e g e a n d m a n y o t h e r free from injustice. Sanatan Dharm and convert institutions. The Hindutva brigade #Does the Hindutva concede other Hindus to Buddhism - the religion breaks meetings, indulges in organisations the same right to kill h e f o u n d e d , a n d A d i v a n d a l i s a t i o n o f m e e t i n g s and beat them if they also consider Shankaracharya to established his expressing opinions they consider the Hindutva anti-national? Or the philosophy throughout India by wrong. They beat up the people right to decide what is anti-national Sastrarth /debate only . they disapprove of .They are and award punishment or is it the The freedom of thought and prompt in asking any Indian to go to monopoly of only the Hindutva expression, tolerance and the other Pakistan if they do not like what he Brigade ? ❑ values defined Hinduism's way of says.

PUCL BULLETIN, JULY 2017 4 Retired Bureaucrats Warn of 'Growing Authoritarianism, Majoritarianism' in India1 By The Wire Staff on 12/06/2017

In an open letter 65 senior retired to another along with their cattle and violators should be identified and officials from different Central belongings. penalised, we note with dismay that services – including the 91-year old Gau-rakshaks function with impunity several of the targeted groups are Har Mander Singh, a 1953 batch IAS and seem to be doing so with the tacit those who have taken stands against officer – urge all public authorities complicity or active encouragement government policies, expressed and constitutional bodies to take of state machinery. Punitive action dissent or supported communities in heed. The full text of the open letter is against the perpetrators of violence cases against the state. reproduced below. does not take place promptly but We are also seeing an ugly trend of We are a group of retired officers of cruelly, the victims have FIRs trolling, threats and online All India and Central services of registered against them. The intimidation of activists, journalists, different batches, who have worked behaviour of vigilantes – who act as if writers and intellectuals who with the Central and state they are prosecutor, judge and disagree with the dominant ideology. governments in the course of our executioner rolled into one – flies in How does this square with free careers. We should make it clear that the face of law and jurisprudence. speech? as a group, we have no affiliation with These actions undermine the rule of There is a growing hyper-nationalism any political party but believe in the law and the Indian constitution since that reduces any critique to a binary: credo of impartiality, neutrality and only the state – through its various if you are not with the government, c o m m i t m e n t t o t h e I n d i a n organs and institutions – has the you are anti-national. Those in constitution. A sense of deep disquiet power to enforce the law. authority should not be questioned – at what has been happening in India Vigilantism has become popular ''''as that is the clear message. has prompted us to write this open anti-Romeo squads threaten young In the face of a rising authoritarianism letter to chronicle our reservations couples who go out together, hold and majoritarianism, which do not and misgivings about recent hands and are perhaps in love with allow for reasoned debate, developments in the body politic. each other. A thinly-veiled effort to discussion and dissent, we appeal to What has gone wrong? prevent a Hindu-Muslim relationship all public authorities, public It appears as if there is a growing or marriage, there is no justification in institutions and constitutional bodies climate of religious intolerance that is law to harass these couples, to take heed of these disturbing aimed primarily at Muslims. In Uttar particularly when there is no trends and take corrective action. We Pradesh, in the run-up to the complaint from the woman of being have to reclaim and defend the spirit elections, an odious and frankly ill-treated. of the Constitution of India, as communal comparison was made Student groups and faculty members envisaged by the founding fathers. between the relative number of burial on campuses like Hyderabad and Signatories: Vivek Agnihotri, IAS grounds and cremation grounds. The JNU, who raise troubling questions (Retd.), former Secretary General, question was also asked as to about equality, social justice and Rajya Sabha; S. Ailawadi, IAS whether electricity was being freedom, are subject to attack by the (Retd.), former Chairman, Electricity supplied equally to different administration, with a supportive R e g u l a t o r y C o m m i s s i o n ; P. communities during their religious government to back them. In Ambrose, IAS (Retd.), Additional festivals. All this without any basis in Jodhpur, a planned lecture by a Secretary, Ministry of Shipping and fact or evidence. The banning of renowned academic was cancelled Transport, GoI; Ishrat Aziz, IFS slaughter-houses targets the under pressure and the faculty that (Retd.), former Ambassador to Brazil; minorities and affects their organised the event subjected to Balachandran, IAS (Retd.), former livelihoods as well. Such intolerance disciplinary action. What happened Additional Chief Secretary, Govt. of breeds violence in a communally in Jodhpur has happened at other West Bengal; Balachandran, IPS charged atmosphere – even to the institutions as well. Argumentation (Retd.), former Director General of extent of a local leader in UP and discussion about different Police and Chairman, Tamil Nadu provoking an attack upon the perspectives – the life-blood not only Police Housing Corporation, Govt. of residence of a superintendent of of institutions of learning but of Tamil Nadu; Balagopal, IAS (Retd.), police, whose family was terrorised. democracy itself – are being former Resident Representative, Vigilantism has become widespread. throttled. Disagreement and dissent UNICEF, North Korea, Sundar An Akhlaq is killed on the basis of a are considered seditious and anti- Burra, IAS (Retd.), former Secretary, suspicion that the meat he has is beef national. Such attitudes have a G o v t . o f M a h a r a s h t r a ; and a Pehlu Khan is lynched while chilling impact on free speech and Chandramohan, IAS (Retd.), former transporting to his place two cows he thought. P r i n c i p a l S e c r e t a r y, U r b a n had bought and for which he had the Several reputed NGOs and civil Development and Transport, Govt. of necessary papers. Nomadic society organisations are being NCT of Delhi; and 56 others. shepherds are attacked in Jammu charged with violating the provisions 1 https://thewire.in/146332/open- and Kashmir on some suspicion as of the Foreign Contribution letter-authoritarianism-india-retired- they practice their age-old (Regulation) Act and the Income Tax officials/ @ 12.6.2017 ❑ occupation of moving from one place Act. While we agree that genuine

PUCL BULLETIN, JULY 2017 5 Courtesy: The Wire, 16.6.2017 Rajasthan Textbooks Revised to Glorify Modi Government Shruti Jain Jaipur: 'Who gave the slogan of committee that is responsible for assassination has been made in sabka saath, sabka vikas?', 'What the preparation and periodic the books. all has been done by Prime Minister revision of textbooks. Demonetisation as 'kaale dhan to improve relations “With the ascent of BJP to the ki safai' with Pakistan?', 'During his Nepal Centre in 2014, the Vasundhara The chapter on corruption in the visit, how did Modi assure Nepal?', Raje-led BJP government in Class 12 political science textbook 'What was the reason behind Rajasthan has indulged itself in says demonetisation is known as implementing demonetisation?', propagating the party's Hindutva 'kaale dhan ki safai' in the history of 'Name four development programs ideology through alteration in the economics. It was a 'historical of the Modi government,' 'What was school syllabus,” said Professor d e c i s i o n ' b y t h e C e n t r a l the contribution of Vinayak Rajiv Gupta of the Rajasthan government to bring back black Damodar Savarkar in the freedom University. “It is for the first time that money, fight corruption, stop the struggle?' are a few of the the state government has given financing of terrorist organisations questions in the revised Class 10 suggestions to RBSE to revise its and curb the usage of black money and 12 textbooks of the Rajasthan textbooks. Controversies of the in elections. The textbook says Board of Secondary Education BJP government are tactfully nothing about the hardships faced (RBSE). ignored in the new books. Gandhi's by the public due to the sudden The new social science textbooks assassination and the 2002 Gujarat cash crunch, the impact on people h a v e c h a p t e r s a d d e d o n riots aren't mentioned anywhere. in the informal sector who mainly demonetisation, Make in India, the Also, the initiatives talked about in deal in cash, the decrease in negative impact of non-vegetarian the textbooks highlight only the demand and other negative food on health, reporting of terrorist positive aspects, lacking any impacts that the decision has had activities by media channels, the critical assessment. This is a clear on the Indian economy. prime minister's foreign visits, example of 'manufacturing Non-vegetarian food and health cashless transactions, NITI Aayog, consent,” The Class 10 physical and health the 16th Lok Sabha elections, 'Elite' Congressmen wanted to education book says that non- Swachh Bharat Mission and the prolong British Raj vegetarian food harms the body. As Paris Agreement, among the Modi The chapter on India's freedom compared to the previous edition, government's other initiatives. struggle in the Class 10 social meat products have been The contents of the textbook have science book says that only people eliminated from the long list of fat, been drawn up in such a way that from prosperous, intellectual and protein and mineral salts sources. they leave no space for students to middle-class backgrounds, who Only eggs have been mentioned in question the other side of the couldn't connect with the masses, the new book. The book also initiatives. The questions at the end were the leaders of the Congress in describes in detail 'when to eat,' of each chapter do not encourage its first phase. Liberals wanted to 'how to eat,' 'what mantra to chant any critical analysis either. strengthen British Raj in India and before the meal' and 'how influence “Seventy percent of the syllabus is focused on its publicity, as they of western culture in the country is kept same. Changes have been considered it emblematic of peace breaking families apart and made only in the social science and order, and feared disorder in its reducing sanskar in the new syllabus, as the previous textbooks absence. They never demanded generation'. focused on the world more than India's freedom during that phase, Lotus as a 'symbol of Indian India and Rajasthan. We don't want the textbooks say. culture' our kids to lag behind. For those Rewriting history A poem called 'The Lotus' by Indian who are making an issue out of it, Savarkar, who has been given poet Toru Dutt, in the Class 10 we have invited suggestions/ significant space in the Class 10 English book Golden Rays, feedback on the revised textbooks chapter on India's freedom describes 'the victory of the lotus as that could be used next time,” struggle, is mentioned as the 'only the victory of Indian culture'. The Professor B.L. Choudhary, brave revolutionary to be poem depicts the lotus, which is chairman of the RBSE told The sentenced to two life terms of also incidentally the election Wire. imprisonment and put in tireless symbol of the ruling Bharatiya Under section 22 of the Rajasthan efforts to stop partition,' sidelining , as the favourite Secondary Education Act, 1957, Pandit Jawaharlal Nehru. No flower of Indian gods and the RBSE forms a textbook reference to Mahatma Gandhi's goddesses. Many prizes – the

PUCL BULLETIN, JULY 2017 6 Padmashri, Padma Bhushan, The chapter on terrorism gives a lot for the development of the country.' Padam Vibhushan – are named of space to 'terrorism and media Complete silence on after the lotus (padma means lotus c o v e r a g e ' a n d l i s t s t h e controversies in Sanskrit). The poet describes a repercussions of 'over reporting' Although the textbooks cover dispute among flowers (lotus, rose terrorist activities by the media. It recent issues like demonetisation and lily) as a beauty contest but reads, 'The media's presentation of and the Paris climate deal, there is goddess flora chooses the lotus as terrorism in Kashmir and Punjab is no mention of the events that have the flower of supreme beauty. stereotypical, which instead of contributed to the perception of The question that follows the creating hatred against the growing intolerance in the country. chapter reads, 'How is the lotus terrorists leads to a sense of Even the chapter on casteism and considered as a cultural symbol in tolerance towards them. Terrorism communalism in the political the Indian society?' prospers due to excessive media science textbook does not mention Modi's foreign policy and coverage and makes violence look events such as the 2002 Gujarat 'surgical strike' more attractive. Over reporting of r i o t s , M a h a t m a G a n d h i ' s The chapter on 'India's relation with terrorist activities encourages assassination, cow vigilantes, the its neighbours' talks about Modi's formation of terrorist organisations, beef ban, the Dadri lynching or the visit to Pakistan, China and Nepal. r a i s e s t h e i r p o p u l a r i t y , award wapsi movement of It covers agreements signed with unfavourable effect on work prominent writers. China and Nepal with special efficiency of administration and “The government is playing with the reference to Pakistan. It covers a may lead to terrorist groups future of children. Just because the range of topics on the Modi controlling media channels.' BJP is in power and wants to government's relations with It may be recalled that the propagate its Hindutva ideology, Pakistan – from inviting Pakistani Information and Broadcasting they are teaching all non-scientific Prime Minister Nawaz Sharif for the ministry had tried to ban the Hindi things. Already the government oath taking ceremony and no news channel NDTV India for a day schools are not able to compete interaction between Modi and for allegedly breaching national with the private schools and now Sharif at the 18th SAARC summit, security with its coverage. such 'revision' of syllabus will bring to the raising of Balochistan's Patanjali products instil down the performance of students human rights issue, the surprise nationalism even further. The textbooks are visit to Lahore on Sharif's birthday, Patanjali products have been pedagogically faulty,” Komal the Pathankot attack, the Uri attack categorised as 'Swadeshi' along Srivastava of the Bharat Gyan by terrorists and its retaliation by with Tata, Godrej, Amul, Hero and Vigyan Samiti told The Wire. India in the form of the army's Bajaj. The chapter on the Indian Source: 'surgical strike'. e c o n o m y s a y s ' S w a d e s h i https://thewire.in/147887/rajast The media 'makes violence look increases love for the nation and han-textbooks-revised-glorify- more attractive' nationalism is an effective element modi-government/ ❑

Rajasthan PUCL: Open letter to the Chief Minister of Rajasthan on the lynching of Pehlu Khan To You are aware of the fact that Pehlu killing of Pehlu Khan by an arbitrary M s . V a s u n d h a r a R a j e , Khan and four others were self-appointed group of vigilantes Chief Minister of Rajasthan, returning to Haryana from shows us how much we have Dear Ms. , Rajasthan with the cows they had succeeded in undermining the We are very disturbed by the bought, and the necessary most basic principles and values on lynching and murder of Pehlu Khan documents corroborating the fact which we have based our nation. in Alwar. He was attacked on April that the purchase had no This kind of vigilantism if not 1st at Behror in Alwar District and relationship with cow slaughter. checked will lead to large scale died of the injuries a few days later. Cows of a well-known breed of violence, brazen disregard for the We are also dismayed by the acts milch cattle were being transported rule of law, and the complete of omission and commission of the from a cattle fair in Rajasthan to disregard of constitutional government following the incident, their village in Haryana. provisions, the preservation of including the delay and marked While one may have strongly w h i c h i s a f u n d a m e n t a l reluctance in arresting all those differing sentiments on the responsibility of any democratic guilty of the act. importance of cows, and their government. slaughter or consumption, the The act of lynching is in itself a

PUCL BULLETIN, JULY 2017 7 mindless and horrifying act, and yet In this context, we would urge that name of cow protection. the perpetrators have not been the FIRs registered in regard to this · P u n i s h m e n t o f p o l i c e / promptly and legally dealt with. The incident and the dying statement of administrative personnel for post facto delays and inefficiencies Pehlu Khan be acted on decisively. dereliction of duty. reflect on the inefficacy of The culprits must be arrested to Yours sincerely, government. Vigilantism must be restore the faith of the victims' Arun Kumar, Aruna Roy, Bhupindar seen as a serious threat to law and families and their communities in Singh Lamba, Brij Kishore, Brijesh order and peoples' lives and the the system of justice in the country. Kumar, D. T. Joseph, Gopalkrishna government must act strongly and The failure to take immediate action Gandhi, J. Vasudevan, Kamal Kant immediately. There has been a at this juncture will amount to a Jaswal, KomalAnand, LalitMathur, reprehensible attempt on the part of mockery of good governance and M. G. Devasahayam, Mihir Kumar certain people in authority in the rule of law, and will inevitably Moitra, Mohan Kanda, Narendra Rajasthan as well as in the Union lead to anarchy. Singh Sisodia, Ravi Sawhney, S. S. government to deny this horrific We are sure you will appreciate the Meenakshisundaram, Shanti N. incident, or to minimise its gravity. urgency and importance of your Kakar, Surendra Kumar Pachauri, Other authority figures, whose duty public statement and action in this Sushil Chandra Tripathi, Uma Pillai, it was to make on example of the matter, and restore the confidence V i v e k K u m a r A g n i h o t r i , perpetrators of this crime, have in the government of Rajasthan by: WajahatHabibullah, of the batch of made themselves complicit by their · Arresting all those who 1968 of the Indian Administrative inaction and silence. attacked Pehlu Khan. Service. ❑ · Ending all vigilantism in the

Press-Note: 20/06/2017 Left Parties CPI (ML), CPM and CPI Nagar Parishad commissioner Ashok and on that fateful day was also organized joint protest in Jaipur Jain when he resisted their attempts fighting for upholding dignity of demanding justice for Com Zafar to take photographs and videos of women. He said that this is very Khan who was lynched to death by poor women from the Bagwasa Kachi attack on democratic right of people Pratapgarh Nagarpalika Team led by basti who were going to defecate in to protest and raise their just Commissioner Ashok Jain while the open. demands which should be strongly resisting taking of photographs/ The protest march started from CPI and through building unity resisted by videography of women defecating in (ML) State Office at 35, Dhuleshwar left and democratic forces of the open. Garden, C Scheme and culminated country. He also said that he salute · I m m e d i a t e l y A r r e s t at Shahid Smarak where a protest the spirit of surviving family members Pratapgarh Nagarpalika sabha was organized in which of Com Zafar Khan who have Commissioner Ashok Jain various leaders of left parties and resolved to fight for justice and to fulfil a n d o t h e r a c c u s e d justice loving democratic activists the dreams of Com Zafar Khan that responsible for killing of Zafar spoke in detail and demanded justice basti should be regularized and Khan! for Com Zafar. Before that slogans functional public toilets should be · No more of insulting of poor in were raised during protest march constructed. name of Swaach Bharat against Vasundhra Raje Government CPI (ML) State Secretary Mahendra Abhiyan! demanding immediate arrest of Choudhary said he challenge the · Shame on Vasundhra Raje Nagarpalika Commissioner Ashok govt to show how many of the toilets Government for taking of Jain who instigated Nagarpalika constructed as part of Swaach photographs/videography of Karamcharis to attack Zafar Khan. Bharat Abhiyan are functional. He women defecating in open! At the protest sabha CPI (ML) said there is a wide scale corruption · No more misuse of Safai National General Secretary Com in construction of toilets which is Karmacharis in taking of Dipanker Bhattacharya said that the reflected in their state. photographs/ videography of incident is unique in the sense that CPI (M) District Secretary Soumitra people defecating in open! out of the series of lynching cases Chopra said that killing through Hundreds of people marched today that has taken place under BJP rule in lynching has become a regular in protest in Jaipur demanding justice various states of the country in this feature of BJP governments in most for Com Zafar Khan, a CPI (ML) incident no rumours or even pretext states of the country. BJP Govt in activist who was lynched to death in of beef was used. Com Zafar Khan Rajasthan is also giving full Pratapgarh on June 16. Com Zafar was attacked and killed while protection to Sanghi goons who killed Khan, an activist of CPI(ML) in Nagarpalika Commissioner Ashok Pehlu Khan only few months back. Pratapgarh, Rajasthan, was kicked, Jain instigated karmacharis saying She also talked about unfair closure punched and beaten to death by 'Maro isko bahut neta banta hai'. An of Hotel Rabaani in Jaipur on the karamcharis of the Nagarpalika activist was attacked just because he false pretext that beef was served in (municipality) at the instigation of spoke up for the rights of slum dweller the hotel. BJP govt is openly

PUCL BULLETIN, JULY 2017 8 espousing communal politics in the violence on activists like Com Zaffar criminal act as per IPC. BJP govt is state while govts protection to feudal Khan who were resisting this in shamelessly encouraging govt elements has resulted in increased Pratapgarh while on the other hand employees to commit illegal acts in attacks on dalits, adivasis, poor same BJP govt throughout the State the name of enforcing Swacch workers and women in Rajasthan. of Rajasthan is denying basic rights Bharat Abhiyan. CPI leader Narendra Acharya said o f S a f a i K a r m a c h a r i s . S h e Harkesh Bugalia, Sawai Singh, that uniting of workers, kisans and demanded that thousands of safai Fulchand Deva and others also people above caste and religious karmacharis who have become addressed the gathering. A identities is only way out to take on unemployed in Jaipur due to use of memorandum was submitted to this fascistic attack on constitutional contractors by Jaipur Development Chief Minister of Rajasthan after the rights of people. Authority should be given permanent protest. The copy of which is CPI (ML) Jaipur leader Manju talked jobs. addressed with the press note along how the BJP govt on one hand is PUCL leader Kavita Srivastava with photographs of the protest. using safai karmacharis for taking of pointed out that the very act of taking Released by Saurabh Naruka, illegal photographs of women of photographs/ videography of State Committee Member of CPI defecating in open and committing women defecating in open is a (ML) ❑

Courtesy: The Wire, 9th April, 2017 Muslims Must Refuse to Be Killed Apoorvanand Muslims must refuse to be killed. I the life and death situation Muslims turn. But no political party has the know what I am saying sounds in India are facing. guts and honesty to say that these bizarre but this is exactly what That is why I believe Muslims will killings and assaults are not needs to be done. The police and have to stand up and declare spontaneous, that a long, well- the civil administration no longer collectively that they are no longer planned, cynical hate campaign is seem interested in preventing their going to give the right to decide behind the formation of these lynch murder but, on the contrary, busy their fate to others – that they refuse mobs. Nobody asks how is it that themselves in making such to die like Pahlu Khan and Abdul cutting across the linguistic and murders look like a two-way affair. Ghaffar Qureshi in Rajasthan, cultural diversity of India, it is a While they cannot ignore the fact Zahid Ahmed in Jammu, Majloom Muslim who gets identified and that there is a mutilated body before Ansari and Imtiyaz Khan in attacked everywhere. them and they are forced to register , Mohammed Akhlaq in The harsh fact is that India's FIRs, they immediately balance it Uttar Pradesh, Mustain Abbas in legislators and parliamentarians by filing a counter FIR which Haryana. seem to have deserted the implicates the murdered in the act Muslims have no other option since country's Muslims. The killing and of his own killing. the violence against them has not brutalisation of Muslims fails to In cases where the murder has yet stirred the kind of collective social interrupt the routine business of our not been accomplished, they act as and political response that one legislatures. a stand by. If the target has would expect in a society that is Muslims have invested heavily in somehow escaped, they use their meant to be governed by the rule of Indian democracy. They are used lawful coercive power to force the law. No political party in India, not to speaking like Indians and not as game to come back to the hunters. e v e t h o s e w h o s w e a r b y Muslims, for whenever they say We have seen it just now in Jaipur, secularism, has the courage any that they are being denied where a hotel worker was brought longer to call the murders by their r e s o u r c e s o r s e c u r i t y o r back to the hotel to be beaten up name, to say that Muslims are representation or justice because collectively. being killed because they are of their religion they are accused of Lower courts don't look interested Muslims. speaking in communal and divisive in their side of the story and if not Various kinds of intellectual detours language. dead then they could well end up in are being taken by politicians and, Muslims are the only community in police or judicial custody for the regrettably, by a section of the India who have to bear the indignity crime of possessing a particular media in their nightly 'debates'. It is of their newborn being seen as a type of meat – even though no law said that mobs are 'spontaneously' potential threat to the culture and may actually exist to that effect. attacking Muslims, or that the even security of this country. The doors of the Supreme Court violence was a case of 'mistaken After each census, even well have just been knocked but it is identity', that the violence was an m e a n i n g a n a l y s t s a n d doubtful if the judges there would expression of 'legitimate historical demographers rush to assure be able to appreciate the urgency of anger' that took an 'unfortunate' Hindus that they will not be

PUCL BULLETIN, JULY 2017 9 overtaken by Muslims. What kind of They will have to declare that solidarity and not to turn their face a country is this in which a Muslim nobody – and no state – has a right away. birth is not celebrated, is always to tell them what to eat and how to Muslims must say that they are seen with suspicion? worship, nobody has the right to here to stay, that nobody has a right Since these days India's Muslim insult and humiliate them. They will to tell them to leave the country, that citizens seem to have developed have to say that it was a solemn they will live here with their Muslim- the habit of being regularly targeted promise made to them through the ness just as Hindus live with their by mobs, they would very soon lose constitution that they would be Hindu-ness and think that it is the the interest of the media because accorded all rights which make a only Indian way, that they are not at proprietors and editors will say it is life human. To break this promise is all ashamed of their Holy place not very boring to keep reporting criminal. being in this land. All this they'll deaths which are of the same kind. Muslims will have to tell the Hindus have to do. But to begin with, they So, Muslims will need to say that we – the ordinary followers of the will have to say that they refuse to live here not by the mercy of religion, and the politicians who say be murdered and ask the anyone but because this land Hindus are benevolent 'elder parliament and the judiciary to take belongs to them as much as it does brothers' to the minorities – that note of this resolve. to India's Hindus or Christians, when attacked under one pretext or Apoorvanand teaches Hindi at Sikhs, Buddhists, Jains and others. another, they expected them to Delhi University ❑ extend their hands in support and

PUCL Statement: 8th June, 2017 Condemn the CBI Raids on NDTV Promoters, Prannoy & Radhika Roy! Oppose Emergency Era attempt to Crush Media Independence! Appeal to Journalists and Citizens to Oppose Attempts to Silence Dissent!

The People's Union for Civil 06.06.2017. PUCL believes that It is pertinent to point out that the Liberties strongly condemns the the statement seems merely an CBI press release cited the raids by the CBI on 5th June 2017 on attempt to deflect criticism of the Supreme Court judgment in the the residence and offices of recent workings of the CBI. It is case of `Ramesh Gelli versus CBI' Prannoy Roy and his wife Radhika shocking that the FIR was (2016) 3 SCC 788, to justify its Roy, co-founders of NDTV. While it registered and CBI raids were actions. In that case the SC held is a declared position of PUCL that carried out without a preliminary t h a t C h a i r m a n / M a n a g i n g under our Constitutional scheme, inquiry, though the same is required Director/Executive Director or any the rule of law is supreme and no as per the CBI Manual as well as other employee of a private bank individual or institution is above the the unanimous judgment of the 5 are also “public servants” within the law, there are nevertheless Judge Constitutional Bench purview of the Prevention of circumstances in the timing and decision of Lalita Kumari case Corruption Act (“PC Act”) in view of manner of the raids conducted (2014). The SC has pointed to the Section 46-A of the Banking which raise serious concerns as to need of a preliminary enquiry in Regulation Act 1949 which deems whether the raids are motivated cases of allegations of corruption such persons to be public servants. and constitute a wilful abuse of law. and where there is considerable However, it is strange that in a case PUCL believes that it must not be delay in lodging complaints. In the under PC Act where the primary lost sight of that the raids come on present case, the allegations are allegations have to be against such the heels of an incident on 1st June about corruption over events that “public servants”, not one 2017 where Nidhi Razdan, took place many years back. employee/director of ICICI Bank Executive Editor, and primary It is also strange that while the case has been named, interrogated or anchor of news channel NDTV in question is apparently under the arrested though the complaint is asked BJP national spokesperson Prevention of Corruption Act, and several years old, whereas the Sambit Patra, to leave her debate has been registered against residence of Prannoy and Radhika show 'Left Right and Centre' - a live unknown employees of the ICICI Roy has been raided, within days of broadcast show which covers Bank by a shareholder of ICICI, no the above referred TV show current debates - after Patra made raids have been conducted on the incident. a derogatory statement about her premises of the said Bank or its It must be pointed out that while the channel. employees to find out who were CBI/ Police have powers to PUCL has gone through the involved or responsible for the proceed under the PC Act against statement of the CBI dated alleged crime. directors/employees of private

PUCL BULLETIN, JULY 2017 10 banks, the said power has to be PUCL is not against any fair and promoters of NDTV. used after following due procedure lawful investigation, carried out as The PUCL has, ever since its of law and only after allegations in per mandated procedures, where inception during the Emergency, the complaint concerned are found there is enough preliminary always vigorously maintained and to be amounting to/constituting a evidence to warrant prosecution. emphasized that a free media is criminal offence, after conducting a However, in the present scenario it critical to democracy, as the preliminary enquiry inter alia. appears that the CBI's actions were inherent right to participate in It should be further noted that the neither based on standard decision-making is premised upon CBI's Statement states that the procedures and practices nor as t h e f r e e d o m t o o b t a i n , complaint against the promoters of per court mandated guidelines. The c o m m u n i c a t e a n d d i s c u s s NDTV is that they, in criminal CBI must act to uphold the rule of information. PUCL has always conspiracy with unknown officials law under the Constitution and believed that it is of the greatest of ICICI Bank violated Section 19 must not act based on directions of importance that the citizens be (2) of the Banking Regulation Act, the political executive. This leads to enabled to know what is happening 1949 and Master Circular DBOD the erosion of credibility and in different regions, different No. Dir B90/13.07.05/98-99 dated confidence about the impartiality, sectors of the economy, and 28.08.1998 of the Reserve Bank of independence and fairness of a different sections of the society; India. premier investigating agency such and to listen to different and It is pertinent to mention that the as the CBI, and has serious alternative approaches and offences under the Banking consequences. critiques, so that they can Regulation Act are against the In this context, the recent raids, effectively participate in the Bank and/or its employees only; for clearly appears to be a case of process of self-government. If facts violation of Sec. 19(2) of the political vendetta and deliberate cannot be freely presented and Banking Regulation Act, as per harassment. comments cannot be freely Section 46 (4) of the Banking Last year, the government had exchanged, there is no way in Regulation Act, the penalty is in the imposed an unusual one-day ban which the citizens can even attempt nature of a fine only, and not on NDTV's Hindi channel, on the to hold the rulers to account. Our imprisonment. grounds that it had disclosed experience also suggests that a What is very important to note here sensitive information in its reporting free and vigilant media is vital to is that under the Banking on an insurgent attack on an Indian restrain corruption and injustice at Regulation Act, 1949, cognizance air base. The channel had least to the extent that public of the offences can only be taken in protested, saying that its reporting opinion can be roused as a result of case of a complaint in writing by an went no further than any other p r e s s i n v e s t i g a t i o n s a n d officer of the Reserve Bank of India channel's and that it was entirely comments. However it is precisely specially authorised to file such based on official briefings. It will be playing this independent and complaints. However, in this case useful to remember here that NDTV investigatory role in reporting of no such complaint seems to have is one of the few channels which misdeeds of those in power which been lodged by an authorised had extensively covered the 2002 makes the media in India officer of the RBI. To the contrary, Gujarat carnage and had openly vulnerable to harassment, the CBI statement explains that the reported the allegations of intimidation and threats by ruling complaint is lodged by a private complicity of the state machinery in party, political executive and person said to be a shareholder of allowing the killings to continue. b u r e a u c r a c y . T h e r e a r e ICICI Bank and NDTV. In such a Prime Minister Narendra Modi was innumerable such attempts to situation, the CBI is bound by then the state's chief minister and muzzle, silence and defang the higher standards of transparency, the present BJP President Amit media that have occurred all across accountability and responsibility, to Shah, a minister in his cabinet. India in the last few decades. explain their actions. This is Ravish Kumar, in his popular daily Seen against this backdrop the particularly so given the nature of programme Prime Time on NDTV raids on the Prannoy and Radhika allegations and because the India, has also been a relentless Roy co-founders of NDTV is accused are well known media critic of the government and the reminiscent of the Emergency era persons who are vulnerable to BJP, in his inimitable style of and a chilling reminder of the price being targeted for false or humour and sarcasm. All these to be paid for questioning the motivated allegations and appear to be the real reasons why government and ruling elite. prosecutions on account of their the government has chosen to PUCL must highlight that this year, professional work. harass and malign NDTV, including India slipped three places, to 136th We would like to make it clear that by the present raid on the in the World Press Freedom Index

PUCL BULLETIN, JULY 2017 11 compiled by `Reporters Without bringing uncomfortable but very system given to independent Borders', which highlighted real issues like crony capitalism, agencies such as the CBI weakens concerns that so called Hindu repression of minorities, atrocities them, and is not in the long term nationalists were “trying to purge all on dalits and adivasis, agricultural interest of the nation. manifestations of anti-national crisis, environmental devastation PUCL appeals to journalists, media thought”. and the impoverishment of the houses and ordinary citizens not to The People's Union for Civil working class to the attention of the remain quiet but to stand up and Liberties condemns the efforts of citizens of the country. a s s e r t t h e i m p o r t a n c e o f the present government to PUCL also decries the motivated independence of the media and suppress the voice of its critics in use of the enforcement and oppose any and all attempts to the media through malicious intelligence agencies against those muzzle and silence dissent. At prosecution on the one hand, and who venture to hold or express stake is the possibility of a new v i c i o u s l a b e l i n g o f “ a n t i opposing opinions, which will lead version of `Emergency' versus nationalism” and “seditious” on the only to breakdown and loss of faith protecting, promoting and other. It stands with the NDTV and in the Rule of Law. The PUCL also deepening democracy. others of the print and electronic believes that such misuse of the Ravi Kiran Jain, President, PUCL media who are courageously powers under criminal justice National; Dr. V. Suresh, General Secretary, PUCL National ❑ Chhattisgarh PUCL: Press Statement: 24th April.2017: Note: On 24th April, 2017, 25 jawans of the CRPF were killed in an ambush carried out by Maoists in Burkapal area of Sukma district in Chhattisgarh. PUCL Chhattisgarh state unit issued a Press Statement soon after news broke out about the massacre condemning the ruthlessness with which the ambush was carried out. Despite this, Mr. Venkiah Naidu, Union Minister condemned human rights groups for not saying anything about the ambush. PUCL National President, Mr. Ravi Kiran Jain and former PUCL National President, Rajinder Sachar issued separate statements pointing out to the inaccuracy of Mr. Venkiah Naidu's statement and demanding an apology from him. Of course, no such apology actually gets expressed even when such persons get to know about the baselessness of their statements. The jingoism that has taken over much of our media reporting is exposed by the fact that on many occasions, numerous statements made by human rights organisations like PUCL do not get published by Mainstream media. We publish below the statement issued by PUCL Chhattisgarh as also the responses of Mr. Rajindar Sachar and Mr. Ravi Kiran Jain. PUCL Chhattisgarh Severely Condemns the Ruthless Ambush Carried out by Maoists The Chhattisgarh PUCL severely and arrows with explosives had killings will only intensify the cycles condemns the ruthless ambush killed 12 CRPF Personnel under of violence and counter-violence. carried out by Maoists at the PS Bhejji limits. There have thus PUCL reiterates its longstanding Burkapal area under Police Station been more casualties in the first demands that de-escalation of Chintagufa limits in district Sukma four months of this year than in the violence requires the restoration of on 24th April 2017, and expresses entire year for the last four years. faith of the local adivasi people in its deep grief at the killing of 25 This incident shows that the large the State through the strict jawans, mostly young persons of numbers of surrenders and arrests implementation of pro-tribal laws poor families. According to initial (many of them challenged by like the PESA, Forest Rights Act; reports, this attack, the most lethal v i l l a g e r s ) b o a s t e d b y t h e the better provision of health, of its kind in five years, took place Chhattisgarh police in the past few education and other welfare when around 90 jawans of the 74th years have not led to a significant activities; a perception of getting Battalion were engaged in a road decline in the military capacity of justice and dignity; the restoration opening operation. It appears that the Naxalites. A situation of civil war of civil administration as opposed to about 200 Naxalites dispersed in still prevails in Bastar although the administration by the security different groups conducted the Government of India refuses to forces in the interior areas; and ambush and in the continuous firing declare this an “internal armed addressing of popular demands as that took place for about an hour conflict” to avoid monitoring by the voiced by Sarv Adivasi Samaj or many of them might also have been United Nations. The PUCL other local tribal organizations, in killed. The Maoists decamped with apprehends that soon the security other words a political solution. all arms and ammunitions of the 25 forces would “retaliate” by “search Dr. Lakhan Singh, President; killed and 6 injured jawans, leaving and Cordon operations” in the area Advocate Sudha Bharadwaj, no bodies behind. A month ago which are only likely to hurt the soft General Secretary, PUCL another attack of the Maoists using target of ordinary civilians. Chhattisgarh ❑ locally made mortars, tiffin bombs Consequent arrests, beatings and

PUCL BULLETIN, JULY 2017 12 Justice Rajindar Sadha's letter to Mr. Raj Kamal Jha Sahib with Press Statement To this article his has again wrongly straight. It is a sad for our Mr. Raj Kamal Jha, Chief Editor criticized human right activists of generation to see the functioning of The Indian Express Newspaper, keeping silent at the killing of 25 Indian Express, in which the strong New Delhi-110002 CRPF personnel at the hands of commitment of is founder Ram Dated: 01/05/2017 Maoists. Nath Goenka that all news is Dear Mr. Raj Kamal Jha, This allegation was false. I issued a sacred and will be impartially Today Indian Express at Page 15 contradiction on 25/04/2017 publicized (whatever the personal carries an article by the Union annexing the statement issued by view of Indian Express) because Minister Mr. M. Venkaiah Naidu our PUCL Unit at Chhattisgarh truth however unpleasant will never under the heading “Romancing the condemning these killings be concealed. I leave it to you to act Maoists. The silence of the human (herewith attached) I also sent it to as you feel proper in the rights activists after an attack in Mr. Naidu. It is a matter of regret circumstances. which security forces are killed is t h a t M r. N a i d u h a s k e p t With best wishes, telling”. This is a rehash of the mysteriously silent at his wrong Yours statement issued by Mr. Naidu in accusation. Sd./- the Indian Express of 26/04/2017. It is also a matter of deep concern Rajindar Sachar ❑

PUCL President's letter to Hon'ble Mr. M. Venkaiah Naidu

To, saying that human right activists activists believe in the Maoists Hon'ble Mr. M. Venkaiah Naidu are silent on Sukma ambush. ideology of achieving power M i n i s t e r o f I n f o r m a t i o n & Before giving such a statement a through the barrel of gun is a big Broadcasting, minister is supposed to act with NO. Govt. of India, New Delhi. responsibility and check whether We condemn the killing of any th 05 May 2017 human right activists were really extremist, Maoist or a terrorist by Dear Mr. M. Venkaiah Naidu, silent. You did not care to do so. The the security forces in so called In your article in the Indian Express Chhattisgarh state unit of PUCL 'exchange of fire'. The security st of May 1 2017, “Romancing the immediately issued a press forces kill these persons in a fake Maoists” with a headnote'. The statement on 25th April 2017 encounter which is a cold blooded silence of the human right activist 'severely' condemning 'the ruthless murder by the state. No person can after an attack in which security ambush carried out by Maoists at be deprived of his life or liberty forces are killed is telling' you have the Burkapal area' in District Sukma except according to the procedure irresponsibly alleged that human on 24th April 2017 and expressed 'its established by law. A terrorist or a right activists are silent on Sukma deep grief at the killing of 25 Maoist should be put to trial and ambush . You have also alleged jawans, mostly young persons of punished according to law. He that whenever an extremist or poor family'. The copy of that press should be given the same terrorist is killed in an exchange of statement is annexed herewith. treatment which was given to fire with security forces human right PUCL (People's Union for Civil Nathuram Godse who killed activists raise a hue and cry. But Liberties), is well known Human Mahatma Gandhi and to Ajmal there is deathly silence when the Rights Organization of this country Kasab, a Pakistani citizen accused outlawed Guerillas go on a which was founded by Shri Jai of terrorist attack committed in rampage and kill security forces or Prakash Narain in October 1976. Mumbai. There should be no killing innocent villagers. After having said PUCL is committed to the use of in fake encounters or in custody of so you have asked 'these activists' only peaceful means to achieve its security forces. to 'answer if they believe in the objects. By the same token it does Yours, moist ideology of achieving power not support use of violence even for Sd./- through the barrel of gun'. laudable causes .Our answer to Ravi Kiran Jain, President, PUCL Well, you are wholly wrong in your question whether 'these National ❑

PUCL BULLETIN, JULY 2017 13 PUCL former President Justice Rajindar Sachar's letter to Hon'ble Mr. M. Venkaiah Naidu with Statement PUCL Chhattisgarh: To, Sukma ambush, asks Venkaiah” courtesy and correct public conduct Hon'ble Mr. M. Venkaiah Naidu published in news papers on requires a public apology to PUCL. Minister of Information & 26/04/2017 referring to the killings I may remind you that Peoples Broadcasting, by Maoists in Chhattisgarh. Union for Civil Liberties (PUCL) Govt. of India, New Delhi. I hope your office has made was founded by Jaya Prakash Dated: 28/04/2017 available to you the condemnatory Narain in 1976. With best wishes, Dear Mr. M. Venkaiah Naidu, s t a t e m e n t i s s u e d b y o u r Yours, Your rhetorical statement “Why are Chhattisgarh State unit of PUCL Sd./- human rights activists Silent on (see above). I hope normal Rajindar Sachar ❑

Condolence Statement: 05th March, 2017 Syed Shahabuddin is no more People's Union for Civil Liberties (PUCL) is deeply grieved over the sad demise of Shri. SyedShahabuddin, former diplomat and Member of Parliament who passed away on 4th March, 2017 this morning after prolonged illness. Shri Shahabuddin was an outstanding diplomat and upright politician who consistently stood for probity and integrity in public life, opposed nepotism and corruption and championed the need for democracy at all levels of public life, including within political parties.Hewas an enthusiastic supporter of democratic and human rights movements and was a life member of PUCL.On behalf of PUCL, we convey our condolence to the bereavedfamily. Ravi Kiran Jain, National President, PUCL; V. Suresh, National General Secretary, PUCL ❑

Condolences on the Death of Mr. Era Sezhiyan People's Union for Civil Liberties (PUCL) expresses deep grief at the death on 6th June, 2016 of Mr. Era Sezhiyan, one of the founding groups of members of PUCLDR, veteran Parliamentarian, a fierce fighter for liberties and fundamental rights of people and a crusader for democracy and democratic rights of people and a champion of constitutionalism. We remember him as the person who had suggested to Mr. Rajindar Sachar, at the time when PUCL was fighting the battle for electoral rights in the Supreme Court, about NOTA (None of the Above) option to be included in the ballot box. He was the Chairman of the Public Accounts Committee of Parliament between 1971 and 1973 and is reputed to have presented a record number of 96 reports to Parliament! His greatest contribution to Indian democracy is perhaps the way he safeguarded the few available copies of the Shah Commission set up by the Janata led government to enquire into the Excesses committed during the infamous Emergency (1975 to 1977) and published the same in 2015 so that future generations of democrats could read and know about what happened in India during that dark period of our nation's history. We express our condolences to his family and friends. Ravi Kiran Jain, National President, PUCL; V. Suresh, National General Secretary, PUCL ❑

Launch of Dr. Trupti Shah Memorial Lecture Series: A Report Note: Dr. Trupti Shah, was an active member of PUCL, Vadodara, an indefatigable fighter for the rights of all sections of people, especially the poorest, marginalised, vulnerable sections including informal nd unorganized working classes, women, dalits and environmental victims. She passed away in 2016. The following is a Report of the First Trupti Shah Memorial Lecture. Since the discussion is of contemporary relevance we are carrying the report about the discussions. 8 May 2017 Around 450 + concerned citizens been designed to commemorate Sahiyar (Stree Sangathan) and activists from various parts of the life and work of one of Gujarat's launched 'Dr. Trupti Shah Gujarat, Delhi, Mumbai etc. have foremost academic and activist, Dr. Memorial Lecture Series' on 7 participated in this meeting. The Trupti Shah, who lost her life on 26 May 2017, Sunday beginning with day long discussion held in May 2016 after a valiant battle discussion on “Contemporary Vadodara at Gandhinagar Gruh. against lung cancer. An economist C o n c e r n s : F e m i n i s t a n d As Deepali Ghelani of Sahiyar by training, Trupti's life-long Environmental Movements in (Stree Sangathan) shared in the activism focused on women's India.” inaugural session, this series has issues, communal strife, caste,

PUCL BULLETIN, JULY 2017 14 labour and human rights. The curtails their mobility in the name of Bebaak Collective pointed out the w o m e n ' s m o v e m e n t , securitisation. They shared how girl struggles of Muslim women today environmental causes, and the students in Delhi college campuses are the same as women of other wider struggle for justice in Gujarat are contesting these controls on religions. She pointed out that and India lost a voice that never their mobility by reclaiming public negative media and mainstream flinched from standing up for space during night times, opposing stereotyping of Muslims and of victims of exploitation, injustice and control and surveillance, and Muslim women as burkha clad, v i o l e n c e . T h e s e r i e s demanding equal rights to all head covered, controlled by their commemorates Trupti's ideals and facilities to further their education. menfolk erase their multiple commitment to these causes and Avantika said that the campaign identities and discount their aims to provide a platform for which began in 2015 has three struggles for justice. She said discussion and debate among basic demands: setting up of Muslim women's groups are wary grassroot activists associated with sexual harassment committees in when the right wing Hindu groups various people's movements. Two colleges, hostels and campuses, and BJP claim to speak for Muslim such events will be organised every regulation of paying guest facilities women and Modi being portrayed year through public lectures, and private hostels and roll-back of by 24 hour TV channels as saviour roundtable discussions, study night curfews for girl hostel of Muslim women on the issue of circles and film screenings. inmates. Commenting that the triple talaq. She also pointed out Johanna Lokhande, a feminist university campuses function like that increasing ghettoisation, activist moderating the session on an “upper caste, Brahmin man” brought about by the current wave contemporary concerns of India's towards girl students, asserting of communalism and communal women's movements identified control in the name of safeguarding violence in the country, is four areas for discussion: How to and security, she said that 'Pinjra witnessing conservative Muslim face the onslaught of rising Tod' attempts to build different groups forcing Muslim women to H i n d u t v a a n d r e l i g i o u s protest culture from the prevalent seek redressal within the fundamentalisms, challenges of p o l i t i c a l c u l t u r e w h i c h i s community and within the religious livelihood and citizenship, ways to ' m a s c u l i n i s t ' . W h i l e t h i s framework, although they have build solidarities between various independent mobilisation and constitutionally guaranteed rights. movements especially for the awareness-raising through She also pointed out the adverse marginalised and how to sustain c r e a t i v e c u l t u r a l p r o t e s t s impact of the government's beef the women's movement in the face celebrating women's resistance ban on livelihoods of the Muslim of increasing state repression and has received huge support from community and their physical surveillance. students, the challenge before safety, which is further increasing Bakula Ghaswala, veteran feminist Pinjra Tod is how they are projected the vulnerabilities of Muslim activist based in Valsad while negatively by the section media women. The concerted efforts of reminiscing on her association with which sexualises their movement the government and the media to Trupti Shah said women should and turns a blind eye to their stereotype and villainise the carve out independent identity as various campaigns against sexual Muslim community is making the individuals and not replicate the violence by the state and caste condition of Muslim women worse patriarchal norms in their personal violence. Saumya made a nuanced and compounding the challenges lives. She opined that Hindus who argument about how Pinjra Tod is before secular Muslim women's constitute India's largest faith group not an elitist urban movement but groups. should not have a persecution or one that constantly attempts to The afternoon session was on fear complex and that casteism is a recognise and affirm the different contemporary concerns of India's bigger threat that needs attention. voices within their movement (non- environment movements. Anand Anubha, Saumya, and Avantika urban, Dalit, tribal, minority). While Mazgaonkar, moderator of the from 'Pinjra Tod', a movement of addressing the important issue of session, said with regards to controls on women students on women students that started in environmental degradation, it is a university campuses, Pinjra Tod Delhi University but is rapidly tragic-comedy of democracy that, remains committed to building spreading to campuses across the like other movements like the country, observed that university awareness among students of the women's movement, sensitive campuses are not equal spaces continuum of patriarchal violence, and are ruled by patriarchal norms. from the family to the state, and people are called upon to protect The government had failed to against caste and communal the rights, not of the minority, but in provide equal and safe public violence. fact those of the 'marginalised space for women and instead Mumbai-based Hasina Khan of

PUCL BULLETIN, JULY 2017 15 majority'. The media, through destructive policies and projects major onslaught on Indian invisibilising the voices of the that are considered 'holy cows', democracy. However, our present oppressed and their issues, project face up to violence and repression context, in which rightist, the view that only a miniscule from the powers-that-be even as r e a c t i o n a r y, a u t h o r i t a r i a n , proportion of society are affected they continue their daily struggle for patriarchal and fascist forces are by projects that severely impact livelihood. The Jaitapur movement gaining space in the various access to natural resources that is is a shining example of how women institutions of democracy, without a the right for all citizens, not only a are mobilising against the nuclear formal suspension of civic rights, miniscule section of elites in plant that threatens to destroy their portends a dangerous future for the society. This aspect was discussed livelihoods, even in the face of state people. Today an undeclared by all the three speakers, Shripad action against the movement. Emergency is more powerful to Dharmadhikary, Seema Ketkar and Gitaben Gohil a former Sarpanch curb the democratic rights of the Lara Jesani. and currently member of Taluka people. Shripad Dharmadhikary, an Panchayat echoed Seema Ketkar's The situation today is made worse engineer, activist, researcher, sentiment and informed everyone within a context of global economic writer and educator working on about how women generally crisis and social alienation on water justice, discussed how rivers, confined to their homes mobilised unprecedented scales, which are considered nurturers of culture and to resist the proposed Nuclear providing the ground for right-wing society are being reduced to power Plant in Mithi Virdi. As a conservative forces to gain ground. commercial ventures, to provide result Government and NPCIL Not only are these forces boating for pleasure, tourism etc., have been forced to look for occupying institutions of the state through Riverfront Development alternative sites. but also in the minds of many Projects whether it was the Advocate and activist Lara Jesani people. There is a powerful alliance Sabarmati, Vishwamitri or the outlined the slow progress made and coordination between the Ganga. He pointed out the globally in our understanding of the state, government, non-state senseless hypocrisy of calling environment since the conference actors and various types of rivers sacred mothers, and living in Rio de Janeiro in the early 1970s, fundamentalist forces to further the entities, and then reducing them to which also informed environmental right wing agenda. As a result we tourist spots for corporate legislation. She lamented how are often witness to a contradictory e n r i c h m e n t . R i v e r f r o n t human rights, sustainable situation where ordinary people are Development was not only development and justice were supporting such agendas against environmentally damaging but also trampled upon now in the name of their own interests. spawned corporate control of the development and how we were We are passing through a period in land around the river. He strongly reversing the tiny bits of progress which it is important that we look argued that if we were more we had made since then. Unless back, review, listen to each other, judicious, just and futuristic in how there is course correction and deliberate, debate and discuss we viewed rivers and water we broader awareness about the these current predicaments, not would neither have droughts, philosophy, spirit and letter of just about tactics and strategies for displacement, and destruction of Environmental Law we are in for our ongoing struggles for justice, rivers nor inter-state disputes over harder times. What emerged as a but also at ideological and river water sharing. result of the two discussions was conceptual levels. Activists are Seema Ketkar, a researcher, the need for collective resistance often preoccupied by the pressures narrated the long struggle of the against the repressive state and of everyday struggle and do not people of Jaitapur in the patriarchal society. This demands have the time to engage in such ecologically sensitive area of the debate and discussion among discussions. Konkan in Maharashtra, against various movements, perspectives Deepali Ghelani Rita Chokshi Sejal the proposed nuclear power plant. and ideologies. Joshi Reshma Vohra Kamal Thakar She pointed out that common Dr. Trupti Shah Memorial Series: Sahiyar (Stree Sangathan) ❑ people who are usually considered Towards debate and discussion on illiterate are forced to rise up to people's issues challenge the State against its The Emergency was certainly a

PUCL BULLETIN, JULY 2017 16 Ayodhya Case Should Be Decided By the Supreme Court No Scope for Mutual Settlement Rajindar Sachar

The suggestion of chief Justice of was not. The battle for secularism 500 years. India to even act as a mediator in should have been joined with a Now it is obvious to the meanest pending Babri Masjid demolition singular determination of nipping intelligence that it is impossible to case, showed his concern but was the cancer of communalism. But prove that the birthplace of Lord a little odd considering that it has then nothing was done. Ram was under the masjid — it may come at the instance of an inter I then made a public statement that; be a matter of faith, genuine or meddler, and without parties “Immediately the Government contrived or otherwise, but that is involved being before the Court – should have announced December no proof, nor can it ever be put that is why it caused amongst the 6, as a 'National Repentance Day' forward as a legal ground to take parties a certain concern. In my when people will fast and pray for away the land from the mosque. view Babri Masjid demolition case unity and welfare of all the If the finding is that the masjid was is not a matter for compromise. This communities”. But the non-BJP not built on a Ram Birthday place, case raises the deep constitutional parties analyzed the situation as then the Muslims get the land back concern regarding our constitution merely one of law and order and and will be free to use it in any way, which clearly says India is a secular thus acquiesced in this dastardly including the building of the republic. Act. mosque. I was in Geneva attending U.N. Sub Whatever the past history, all the Alternatively even if it is held that Human Rights Commission parties let the matter go to there was a temple on the land of meeting when I was told the Allahabad High court to give a Babri Masjid, even with this finding horrible news that came on T.V. that decision. High Court has given a the suit by the VHP/RSS has to be Babri Masjid had been demolished decision with which both parties are dismissed. Admittedly, Babri Masjid and saw the gory speckle of B.J.P. aggrieved. B.J.P. is still insisting has been in existence for over 500 hoodlums climbing the Masjid and that it would build a temple at the years till it was demolished by b r e a k i n g i t d o w n . B . J . P. site where Masjid undoubtedly goons of the VHP/RSS in 1992. government Chief Minister Kalyan stood for over 500 years. Muslims Legally speaking, even then the Singhs assurance to the Supreme cannot obviously agree to a Sangh Parivar would have no right Court that he will take full steps to shameful compromise on sanctity even if a temple had been prevent it were belied. The of Masjid. The matter is already demolished to build Babri Masjid. I Supreme court by a majority just before the Supreme Court – it say this in view of the precedent of accepted his apology instead of cannot run away from giving a the case of Masjid Shahid Ganj in sending him to jail for contempt of decision which may not make Lahore decided by the Privy Court. But this was nothing everyone happy. But then it is their Council in 1940. In that case there compared to the ominous constitutional duty and it has no was admittedly a mosque existing conspiracy of Congress Prime other alternative. I cannot foretell since 1722 AD. But by 1762, the Minister Mr. Narasima Rao, who the Supreme Court decision. But if building came under Sikh rule and suddenly became inaccessible to past precedents are to prevail, then was used as a gurdwara. It was senior journalists, his Home the case in favour of Muslims is only in 1935 that a suit was filed Secretary and even his colleagues. invincible. I say this on the claiming the building was a mosque I am also ashamed to admit the precedence of Shahidganj Masjid and should be returned to the unworthy role of complicity of the case (Lahore now in Pakistan) Muslims. judiciary which inspite of the decided by the Privy Council in The Privy Council, while observing injunction having given since 1949 1940. The Supreme Court need not that “their Lordship have every against public not to enter the area decide on merits whether Babri sympathy with a religious did not proceed against the public – Masjid had been in existence sentiment which would ascribe even the higher judiciary did not where Ram Temple existed or not sanctity and inviolability to a place intervene – rather turned a blind because that is of no consequence of worship, they cannot under the eye. as it is not relevant to the decision of L i m i t a t i o n A c t a c c e p t t h e This was the time when the case. This is because even if was, contentions that such a building magnitude of danger should have there is no denying that Babri cannot be possessed adversely”, been appreciated by all parties but Masjid has been in existence since went on to hold “The property now

PUCL BULLETIN, JULY 2017 17 in question having been possessed Nirmal Akhara VHP / B.J.P. etc has deeds, whatever the factual by Sikhs adversely to the waqf and to fail. position may be. to all interests there under for more There is another reason why in Of course it is the privilege of the than 12 years, the right of the such a situation, the suit will fail Chief Justice of India to constitute mutawali (caretaker) to possession because in common law, even a the beach. May however one for the purposes of the waqf came rightful heir, if he kills his ancestor, respectfully submit that it may be to an end under the Limitation Act”. forfeits his right of inheritance. In more reassuring if beach of seven On the same parity of reasoning the masjid case too there was a judges or nine judges was to hear even if a temple existed prior to the “murder most foul” and hence the the appeal. building of the masjid 500 years murderer cannot be allowed to take Dated: 22/03/2017 ❑ ago, the suit by the Hindu outfits like the benefit of his own dastardly

Letter regarding Custodial Torture and Human Rights Violation of 21 Under-Trial Prisoners in Bhopal Jail on May 24, 2017

To, Abu Fazal: Complained of repeated quantities, denied meeting with Justice (Retd.) D. Murugesan, physical torture resulting in leg their relatives; relatives kept Member, National Human Rights fracture. Being forced to chant anti- waiting for long periods and Commission, Islamic slogans and convert meeting time cut short to few Manav Adhikar Bhawan, religion. Tortured and beaten minutes. While brief meetings, Block-C, GPO Complex, INA, during prayers and forced to wake personnel from ATS are present New Delhi – 110023 up after every two hours of sleep. constantly obstructing the Locked-up in barracks without conversations and privacy. Even Respected Justice (Retd.) H.L. respite Jail authorities are access to legal counsels is Dattu, repeatedly threatening to kill him restricted and UTs can only interact We are writing to you to express and MohdIkrar or urging them to kill with their counsels during video grave concern and seek immediate themselves conferencing.Mohd Irfan, Sajid intervention of the Hon'ble Khalid Ahmed: One of the persons Hussain have been denied medical Commission in the cases of killed in the 'encounter' had, several treatment.Submissions made by custodial torture and human rights m o n t h s b e f o r e h i s family members of Mohd. Adil, violations of the 21 Under-Trial death,complained of adulterated Mohd. Irfan, Mohd. Zubair and (UT) Prisoners in Bhopal Jail. food with drugsresulting in severe Mohd. Javed to various authorities These 21 UTs are alleged to be body pain. are attached. members of SIMI and charged with Mohd. Adil: Complained of physical Most of these UTs are kept for long various cases. Several instances of torture and mental harassment. periodslocked up in barracks, at torture and inhuman treatment Food served in limited quantity and times for days all together. have been reported to have been basic necessities are not provided. UTs who require medical treatment, meted out to them since October Sajid Hussain: Complained of in some cases also directed by the 31, 2016, when eight other UTs mental harassment and physical courts, completely denied by the jail were killed in an encounter. torture leading to attempted authorities. The facts of the cases are attached suicide. Denied medical treatment. Some of these cases, though in the petition submitted by the Irfan Nagori : Denied medical brought to the notice of the local family members and relatives of the treatment for an eye ailment courts where these matters are 21 UTs. However, we would like to resulting in blindness in one eye pending, the courts have not draw Hon'ble Commission's and deteriorating vision in the other. addressed any of these. attention through highlighting some While these are only a few cases to When the UTs through video specific cases. demonstrate physical torture and conferencing or through their Mohd. Iqrar: Complained of inhuman treatment being meted counsels/relatives have placed repeated physical torture with out to the 21 UTs, there are certain before the courts the complaints of injuries on head, thighs and hips. issues prevalent in almost all the torture and inhuman treatment, the Beard forcefully cut and forced to cases. These are – UTs have faced reprisals and chant anti-Islam slogans. Fears for Most of these UTs are denied basic further harassments by the jail his life in Bhopal jail. Locked-up in necessities, served food in limited authorities. Submissions made by barracks without respite Imanurahman, in the case of Mohd.

PUCL BULLETIN, JULY 2017 18 Iqrar and Abu Fazal, are attached. December 16, 2016, is attached threatened with death if he There is a common feeling by along with the petition. mentioned about jail conditions to several of these UTs that they may The reprisal by jail authorities is the magistrate. On May 5, 2017, be killed by jail authorities. In clearly demonstrated through the when Imanurahman, brother in law several cases, UTs fear for their case of Mohd. Iqrar – of Mohd. Iqrar, met Mohd. Iqrar in lives and fear that it will be shown Mohd.Iqrar on April 26, 2017, jail, Mohd.Iqrar complained of as a case of suicide. through the video conferencing, further torture due to his Madhya Pradesh State Human submitted before the magistrate submission before the magistrate. Rights Commission has not even about repeated physical torture His other brother in law, co-prisoner taken cognizance of several with injuries on head, thighs and Abu Fazal, also confirmed this He is complaints which have been hips. His beard was forcefully cut being forced to chant slogans such p l a c e d b e f o r e t h e m . T h e and forced to chant anti-Islam as 'Jai Shri Ram' and given only complaints submitted as on slogans. He was constanly limited food. He is locked-up in

Contd. to page no. 20

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 : ______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 Off.: PUCL, 270-A, Patparganj, Opp. Anand Lok Apptt. (Gate-2), Mayur Vihar-I, Delhi-110091 (Phone: 011-2275 0014)

PUCL BULLETIN, JULY 2017 19 Posting : 1-2 July, 2017 at New Delhi PSO Date of Pub.: 27-28 June, 2017

Contd. from page no. 19 barracks with no free movement. (b) and 18 (b) of the PHRA to Given the serious concerns transfer the case out of Madhya pertaining to custodial torture and Pradesh for an independent and human rights violations, which the speedy trial. petition highlights, we appeal to the Urge that this complaint is not Hon'ble Commission to – transferred to the Madhya Pradesh Under Section 12 (a) of the State Human Rights Commission Protection of Human Rights Act for disposal or routinely sent to the 1993 (PHRA), enquire into the Commissioner of Police for human rights violations against 21 investigation. UTs in Bhopal Jail, particularly the 21 UTs and their family members instances of restrictions to meet have claimed custodial torture and relatives and legal counsels, inhuman treatment in Bhopal Jail. Founder : Jaya Prakash Narayan accessing medical treatment and Basic necessities and rights, such President : Ravi Kiran Jain basic necessities and, torture and as meeting family members, food, General Secretary : V. Suresh inhuman treatment including death free movement, medicines and Treasurer : Surendra Kumar threats by jail authorities. NHRC clothes are denied. Their repeated Vice-Presidents : Binayak Sen, should record statements of all 21 attempts to approach various G. Saraswathi (Ms.), N.D. Pancholi, UTs in conditions in which they can authorities have failed. Given that P.B. D’sa, Radhakant Saxena, speak freely and without fear of Hon'ble Commission has the onus Sanjay Parikh, Vinay Kantha. repercussions and the powers of protecting Secretaries : Kavita Srivastava (Ms.), While enquiring under Section 12 human rights of all individuals, Nishant Akhilesh, Rohit Prajapati, (a) of the PHRA, ensuring the including the UTs, we appeal to the Sudha Bharadwaj (Ms.), independence of inquiry, only do so Hon'ble Commission to intervene in Vandana Misra (Ms.), YJ Rajendra through Hon'ble Commission's the matters pertaining to custodial Organising Secretaries : Ajay T.G., investigation wing or through an torture, inhuman treatment and Arjun Sheoran, Nishat Hussain (Ms.), independent body appointed by the human rights violations of these 21 Ramashray Pd. Singh. Hon'ble Commission, preferably UTs in Bhopal Jail. We appeal to the NHRC's NGO Core Group. Hon'ble Commission to consider all Through the appointment of a prayers mentioned above and take senior criminal lawyer, ensure trial appropriate steps. monitoring of cases of the 21 UTs Looking forward for your immediate ensuring that they are allowed free action in this regard. and fair trial. The senior criminal Yours Sincerely, lawyer, appointed by the Hon'ble Kavita Srivastava, Secretary, Commission, should report to the PUCL National and N.D. Pancholi, Hon'ble Commission on a periodic Vice-President, PUCL National; basis. Manisha Sethi. Jamia Teachers' Under Section 12 (c) of the PHRA, Solidarity Association; Sharib Ali undertake a surprise visit to Bhopal Innocence Network; Suhail KK, jail to ascertain the living conditions Quill Foundation; Mushfique in the jail and make appropriate Raza, Association for Protection of recommendations to the state Civil Rights; Mathew Jacob, government. People's Watch Given that the 21 UTs have serious threats to their lives, repeated instances on cruel and inhuman torture, petition before the Supreme Court under Sections 12

PUCL BULLETIN, JULY 2017 20