Vol. XXXVII, No. 2 ISSN-0970-8693 FEBRUARY 2017 Rs. 20

Editorial : Simultaneous Parliament and State Assembly Elections Simultaneous Parliament and State Not Possible and Against Federalism Assembly Elections - Rajindar Sachar (1) Rajindar Sachar ARTICLES, REPORTS & DOCUMENTS: Prime Minister Modi has for last 6 months kept a continuous refrain for Is the human rights protection regime in crumbling? - Pushkar Raj (2); Analysis: holding simultaneously Lok Sabha and State Assembly polls and the Sachar Report Gathers Dust, Abolishing supposed advantages that would flow from it. As was to be expected Personal Laws can't Change Dark Realities - number of newspapers and persons are picking up this matter. It is Humra Quraishi (11); Resolution: (Adopted in unfortunate that Election Commission of India and Nite Aayog should the seminar on 'Justice Sachar Committee Report: A Review After 10 Years') (13); PUCL have gone along with this suggestion without even the minimum TN & Pud. State Report read out in the PUCL constitutional requirement of a public debate and Seminars – and more National Convention at : Appraisal unforgivably without discussions of the matter with other major political Report on the activities carried out during parties and the State governments. In order to have a worthwhile debate, 2014-16 (17). it is necessary to know the legal and factual situation at present. The present life of Lok Sabha expires in May 2019. Modis repeated PRESS STATEMENTS, LETTERS, AND NEWS: emphasis on simultaneous poll is actuated by the realization that the Press Release: NHRC finds 16 women prima mood of exhilaration that he was able to create in 2014 Parliamentary poll facie victims of rape, sexual and physical assault by police personnel in is diminishing very fast. The background situation from 2004 – 2014 of (3); Press Statement: PUCL Condemns arrest UPA regime had exposed so much scandals both financial and of FFT Members by Telangana Police and administrative that people were sick of goody but not visible prime unlawfully handing over to Chhattisgarh Police (5); Press Statement by Chhattisgarh Minister Manmohan Singh because of the domination of Indira Gandhi PUCL(6); TN & Pud. PUCL: Press Releases: family. The exposure by the Supreme Court of telecom and Coal (1) PUCL condemning the Arrest of Advocate scandals had made BJP task easier. By itself BJP under leadership of Murugan by TN Police (6); (2) PUCL demands other than Modi (helped fully by RSS) may not have done that well. But Immediate Action against Police (7); PUDR: Open Letter to CJI: Seeking immediate Modi had created an illusion of strong and honest government in Gujarat intervention into the arrest of activists of the that people were willing to ignore or even forget one of the worst period Telangana Democratic (8); PUDR condemn under Modi, namely the state supported mass slaughter of Muslims in the continuing harassment of rights defenders by Chhattisgarh police (13); PUCL 2001. Such was the communal passion aroused by RSS that country TN & Pud.: State Convention on 3-4 which was already disgusted with the corruption and inefficiency of UPA September 2016 (15). government and also heightened by the split amongst the various political parties that Modi romped home with overwhelming majority of Annual Subscription: PUCL Bulletin (w.e.f. January 01, 2017) INDIA seat in Lok Sabha but with just 31% of votes – of course greatly helped PUCL Members Rs. 200 and boosted by corporate funding. Non-Members Rs. 240 That illusion has now been exposed. Even ardent supporters of Modi now Libraries, Institutions Rs. 300 do not place hundred percent bet on Modi winning Lok Sabha polls in OVERSEAS PUCL Members US$50 2019 - that is why the effort of Modi to work out a strategy so as to keep his Non-Members US$100 rivals also caught up with State Assembly polls so as not to put combined Libraries, Institutions US$120 pressure on him in Lok Sabha Polls. But this strategy of Modi is not constitutionally possible. After emergency, Constitution (44th Amendment) has provided in Article 83 and Article 172, of the Constitution that Lok Sabha and State Legislatures of the State shall continue for five years from the date appointed for its first meeting and no longer. Thus the factual situation at present will show that it is constitutionally not possible to hold simultaneous polls in May 2019. 417

PUCL BULLETIN, FEBRUARY 2017 1 This is because it would require to willing why is he trying cover his parliament. Both legislatures derive extend the term of Sates government failure by conjuring up powers from the same Constitution. Chhattisgarh, Madhya Pradesh these illusory undemocratic Within its appointed sphere, the and Rajasthan (by 5 months), solutions. State Legislature has plenary Mizoram (by 6 months) and But a greater principle of powers”. (by 12 months) which is d e m o c r a c y i s i n v o l v e d i n Modi wants to deny this strategic not constitutionally possible. Of simultaneous polls of parliament advantage of States and weaken course the terms of Haryana and and state assemblies unless by decentralization which is the core of Maharashtra (by 5 months), fortuitous circumstances the five our constitutional jurisprudence. (by 7 month) excepting year period of parliament and State Examples of other countries like NCT f Delhi (by 8 months) could be Assemblies happen to coincide on U.S.A. and Europe would also curtailed as these states are BJP its own. This contrived situation show that it is constitutionally government, but Delhi would not trying to be brought up by Modi has recognized that the priorities and agree. very dangerous implication and interests of State in day to day Punjab, U.P. must go to polls in the against the basic structure of our governance are emphasized next 2 months - obviously no one constitution which is impermissible. differently. Thus in U.S.A a rather can expect Tamil Nadu, Bihar, J & According to Supreme Court of extreme position prevails that law K, West Bengal and Kerala all India Article 1(1) India is a Union of and Medical degrees of one state opposition parties to agree whose States which means a federation of are not even recognized in the rest terms are upto 2021. Assam can States. of States. As far elections they have go to polls in 2019 though due in Our constitution specifically different laws in each state. They 2021 as they are BJP - will Modi provides exclusive list – I have separate laws for poll for agree to curtail its term where BJP e m p o w e r i n g t h e C e n t r a l Presidents election and separate has for the first time come to power. government which alone can for Senate and House of Non BJP states like Tamil Nadu, legislate on certain subjects in list-I representatives and also separate West Bengal whose terms expirers in Seventh Schedule. The States for various states. Of course this is by2021 will never agree to curtail alone can legislate List - II - an extreme example borne their period terms. The Central Parliament cannot. Both Centre possibly of history of USA which government whose terms would and State can legislate in List - III. had Civil War. expire by 2019 cannot continue State List - II includes very We wisely did not go so far. Also the thereafter without holding fresh important subjects like Agriculture, distinction between the priorities of elections due in May 2019. law and order ...... on which only Centre and the states are different. If however Modi is so keen on state can legislate and Centre has The sooner Modi relinquishes this holding simultaneous polls even no jurisdiction. Obviously voters idea of simultaneous poll it is better. with some States he can hold it have different aspects, priorities This gives unfair advantage to along by dissolving Parliament in when voting for State Assemblies national parties as against state 2017 and then hold simultaneous or Parliament. In Delhi laws Act the parties and distorts the sentiment of polls by dissolving also at same (1951) voters that government be close to time BJP Sate Assemblies whose specifically held; “The State the people of area concerned. terms are not yet over as legislature under our Constitution is Dated: 29/12/2016 q mentioned above. If Modi is not not a delegate of the union Is the human rights protection regime in India crumbling? Pushkar Raj The recent summoning of Geneva world conference on promotion of human rights was to Chhattisgarh officials by the human rights in 1993. be carried out in the country under N a t i o n a l H u m a n R i g h t s Consequently, the Protection of the leadership of NHRC, headed by Commissions (NHRC) for abuse of Human Rights Act (PHRA) was a retired chief justice of the power is significant as it underlines passed by the parliament in 1993 Supreme Court. This, however, has expectations from the human rights for “better protection of human not been realized as is evident from protection institutions in the country rights” in the country. As a result, a the Supreme Court's observation in to deliver on their mandate on national level commission was set Extra Judicial Execution Victim which they have been lacking up at the center with the provision Families Association versus Union lately. f o r S t a t e H u m a n R i g h t s of India case in July this year when Like in many other countries, the Commissions (SHRC) in the states. the court censured the commission human rights protection regime Facts for its inefficient functioning. was initiated in the country after The task of protection and The court criticized the commission

PUCL BULLETIN, FEBRUARY 2017 2 for closing down some cases of funds from abroad. It is alleged that more likely to be hostage to old police killings in “without the government's move was group and professional loyalty than any application of mind'' and on the vindictive and a violation of the UN having commitment to fixing basis of a magisterial inquiry which declaration on HRDs that confers accountability on human rights is essentially an administrative on CSOs the right to solicit, receive violations. finding. and utilize resources. Effect The observations of the court are Cause This cynical and indifferent well-founded given that the The commission has come to this approach to institutions of national commission has an investigation p a s s a s t h e g o v e r n m e n t , importance has weakened the wing headed by a DGP rank officer irrespective of political party, human rights regime in the country and it is expected to investigate seems to have lost interest in considerably sending a damaging cases of custodial killings instead of human rights' protection and message across the country with routinely asking for reports from the promotion, thereby, encouraging a ripple effects at the state level. As a local administration. The court went façade rather than substance on result, out of 24 SHRCs, 10 are on to describe the commission as a the matter and failing to appoint without chairpersons, nine have toothless tiger underlining its c r e d i b l e p e o p l e t o t h e s e vacancy of members and some, ineffectiveness. institutions. including Maharashtra- with The court's comments echo a In 2010, the government appointed consistently high police custodial general feeling among the human a chairman of NHRC who faced deaths- have retired police officers rights activists in the country that serious allegations of corruption. as members on their bench. the NHRC has failed to fix The matter dragged in the Supreme As an effect, the majority of these accountability for serious human C o u r t f o r y e a r s a n d w a s s t a t e c o m m i s s i o n s a r e rights violations, inspire SHRCs subsequently withdrawn by the dysfunctional, leaving people and send strong message to the government on the plea that the without faith in them. For instance, government on important issues judge concerned had retired from , a victim of police atrocity related to human rights. the office. and sexual violence did not expect For many years now, the Among all the people, it has chosen justice from the Chhattisgarh commission failed to take a to appoint retired police officers to SHRC, but when she approached concrete stance on death penalty the commission. While the previous the NHRC, here too, she was despite documented studies government appointed a former disappointed as it was quick to give (Lethal Lottery: The Death chief of anti-corruption bureau, CBI a clean chit to the state Penalty in India; Amnesty India- and a former director of anti-terror government. PUCL) that it is closely related to agency, NIA as the member of the As the country's expensive one's capacity to access justice NHRC, the present government judiciary reels under the burden of and is usually awarded to the nominated a BJP leader to be its nearly 30 million pending cases, poorest, without leading to member. By this count under the h u m a n r i g h t s p r o t e c t i o n s deterrence to crime. While the category of “persons having institutions are nearly defunct outgoing Chairman of the knowledge of human rights” the across the country leaving people Commission, Justice Balakrishnan present commission has one little protection against major and supported the death penalty, the former police officer who is a minor human rights violations by commission never clarified its terrorism expert and other, if the state, society and corporate. position on it. confirmed, would be an active Clearly, the government has a lot The commission failed to take politician. to explain and do if it cares for its remedial measures when the Appointment of police officers to constitutional and international government cancelled several the human rights commissions is obligations. human rights organisation's incongruous given that majority of Courtesy: http://www.atimes.com/ the complaints made to these human-rights-protection-regime- l i c e n s e s u n d e r F o r e i g n q Contribution (regulation) Act, commissions relate to police abuse india-crumbling/ without which they cannot solicit of power and the appointees are

Press Release: 07th January, 2017 NHRC finds 16 women prima facie victims of rape, sexual and physical assault by police personnel in Chhattisgarh and asks the State Government why it should not recommend interim relief of Rs. 37 lakh to the victims (07.01.2017) The National Human Rights even as it awaits the recorded show cause why it should not Commission has found 16 women, statement of about 20 other victims. recommend interim monetary relief prima facie victims of rape, sexual It has issued a notice to the of Rs 37 lakh to them. This and physical assault by the State Government of Chhattisgarh, includes, Rs.3 lakh each to eight police personnel in Chhattisgarh through its Chief Secretary, to victims of rape, Rs. 2 lakh each to

PUCL BULLETIN, FEBRUARY 2017 3 six victims of sexual assault and the SC/ST (PoA) Act has not by the forces passing through the Rs. 50,000/- each to two victims of been paid to the victims. villages. physical assault. Therefore, the Commission has The news report depicted other The Commission has observed that directed its DIG (Investigation) to brutalities of the security forces it is of the view that, prima-facie, depute a team of officials from the also. Pursuant to the notices human rights of the victims have Investigation Division and Law issued, the Commission was been grossly violated by the Division to record the statements of informed that case crime No. s e c u r i t y p e r s o n n e l o f t h e 15 victims whose statements were 22/2015 u/s 376 (2) (c), 395/354 Government of Chhattisgarh for not recorded either by the NHRC B/323/294 of IPC and section 6 of which the State Government is Team or by the Magistrate u/s 164 POCSO Act was registered in PS vicariously liable. Cr.PC and submit the same to the Basaguda on 4th November,2015 The Commission, after careful Commission within one month. and investigation was in progress. consideration of the material on The Additional Director General of During the course of this enquiry, record, found that there are in total Police (CID), Government of Commission received another 34 victims mentioned in FIR Nos. Chattisgarh has been directed to complaint dated 21st January,2016 22/2015, 2/2016 and 3/2016. The get the statements of 19 more bringing to its notice more incidents material includes copies of victims u/s 164 Cr.PC recorded of sexual violence by the security statement of victims recorded by before the Magistrate and forward personnel against women that took the NHRC Team as well as those the same to the Commission within place between 11-14 January, recorded u/s 164 CrPC in case FIR one month. 2016 at Bellam Lendra (Nendra) No. 22/15, FIR No. 2/16 and FIR The Additional Director General of village, District Bijapur and at No. 3/16 in respect of 15 victims, Police (CID), Government of village Kunna, District and s e n t b y t h e I G P, P o l i c e Chhattisgarh has also been village Chotegadam, Dantewada Headquarters, Raipur vide letter directed to ensure that SC/ST District. The Commission sought dated 12th November, 2016. (PoA) Act is invoked in all the cases reports from the State Authorities It also found that the grave the victims belonged to Scheduled regarding these incidents also. allegations of physical as well as Castes/Scheduled Tribes. Considering the gravity of the rape/sexual assault committed by The Chief Secretary, Government allegations and brutality of sexual security personnel of Government of Chhattisgarh has been directed violence upon hapless women, the of Chhattisgarh, made in the FIRs, to ensure that monetary relief, if matter was considered by the Full were reiterated before the NHRC any, under the SC/ST (PoA) Act is Bench of the Commission on the Team, which conducted spot paid to the victims at the earliest. 2 2 n d F e b r u a r y, 2 0 1 6 . T h e investigation and/or before the The Commission has also made it Commission, on a careful Magistrate u/s 164 Cr .PC or both. clear that the above directions are examination of the material on The Commission has also noted of interim nature and a final view will r e c o r d , d i r e c t e d a s p o t the following: be taken in respect of other victims investigation by a team of the (a) The NHRC Team could record and also with regard to other issues Investigation Division and Law the statements of only 14 involved in this matter in due course Division of the Commission. victims out of the 34 victims of time. The NHRC Team submitted its mentioned in the FIRs. Thus, It may be recalled that the inquiry report which was sent to the statements of 20 victims are yet Commission initiated suo motu Chief Secretary and DGP, to be recorded by the NHRC proceedings on the basis of news Government of Chhattisgarh for Team; report published in the Indian their response to the findings and (b) The statements u/s 164 Cr. PC Express dated 2nd November 2015 recommendations contained have been recorded by the under the caption "Bijapur: therein. Magistrate only in respect of 15 "Policemen raped women, The enquiry report of the victims. Thus, statements of 19 indulged in loot". It was reported Investigation Division, NHRC more victims are yet to be that women from five villages revealed that FIR No. 2/2016 u/s recorded u/s 164 Cr.PC; and P e g d a p a l l i , C h i n n a g e l u r, 294/354 (B)/323 IPC dated (c) Almost all the victims in these P e d d a g e l u r, G u n d a m a n d 27.1.2016 was registered at PS incidents, covered under the Burgicheru had alleged that State Kukanar, District Sukma regarding three FIRs, are Tribals. Police personnel had sexually the incident at village Kunna However, Scheduled Castes harassed and assaulted more than between 10-12 January, 2016 and a n d S c h e d u l e d Tr i b e s 40 of them and gang raped at least FIR No. 3/2016 u/s 376(2)(c),376 (Prevention of Atrocities) Act t w o i n B i j a p u r d i s t r i c t o f (D), 354,354 (B),323, 395 IPC was has not been invoked in any of Chhattisgarh. It was also reported registered at PS Basaguda the cases. As a result of this, that belongings of many villagers regarding the incident between 11- the due monetary relief under were destroyed, stolen or scattered 13 January, 2016 at village Nendra,

PUCL BULLETIN, FEBRUARY 2017 4 District Bijapur. victims. The Team could not prevailing security situation, non- The Investigation Team of the however, record the statements of availability of victims and physical Commission recorded statements all the victims that were mentioned barriers. of several persons including the in the three FIRs in question Source: http://nhrc.nic.in/ security personnel and some of the because of the time constraint, dispArchive.asp?fno=34165 @ 08.01.2017 q

Press Statement: 26th December, 2016 PUCL Condemns Arrest of Fact Finding Team Members by Telangana Police and unlawfully handing over to Chhattisgarh Police The PUCL strongly condemns the court, the Chhattisgarh police is prosecution for abuse of law. The illegal, unprovoked and malicious reported to have informed the court actions of the police of both states arrest by the Telangana police of a that the 7 persons were arrested in is violative of the fundamental 7-member team of lawyers, Chhattisgarh state. rights to free movement, freedom of journalists and human rights PUCL expresses shock at the speech and expression and the activists belonging to the brazen abuse of the law committed fundamental duty to protect the Telangana Democratic Forum and by both Telangana state police and fundamental rights of and other organisations on 25 t h the Chhattisgarh police. Firstly, other local people in Bastar area December, 2016 at Dummagudam there was no reason to arrest the who are victims of a severely village of Bhadrachalam District of Fact Finding Team members in repressive state police. It also Telangana who were planning to Dummagudam in Telangana state. needs to be pointed out that the visit Chhattisgarh to enquire into Secondly, when they were arrested FFT was seeking to visit villages in complaints of human rights in Telangana by the Telangana Bastar affected by human rights violations suffered by adivasis police, the courts in Chattisgarh violations in areas which are not villagers of Chhattisgarh at the have no jurisdiction and they declared to be closed for hands of security forces. The seven should have been produced before movement of people. Such actions members of the team are: a Court in Telangana alone. Thirdly, of the police are therefore 1 . B a l l a R a v i n d r a n a t h , the SC has clarified the law on deliberate acts meant to thwart Advocate.High Court, AP and numerous occasions, that if the bringing to the attention of the Telangana. persons shown as arrested will not people of India the harsh situation 2.Chikkudu Prabhaker, Advocate escape or evade justice or threaten prevailing in the villages of Bastar 3.Durga Prasad, Journalist witnesses or destroy evidence, region in Chhattisgarh state. It is Hyderabad there is no reason to remand them also to scare others in the future 4.Duddu Prabhaker, President, AP to custody and they can be from daring to visit the conflict hut Kula Nirmulana Poratta Samiti released and asked to appear as areas. 5. Rajendra Prasad, Telangana and when required. It should be The open abuse of the law by the Vidhyarthi Vedika noted that the arrested persons Chhattisgarh police will have to be 6. Nazeer, Telangana Vidhyarthi include a lawyers of the High seen against the backdrop of the Vedika Courts, journalists and others. So remarks passed recently by the 7. Ramananda Lakshmay. there was no need to remand them, N a t i o n a l H u m a n R i g h t s It is reported that after holding them if at all the police wanted to Commission (NHRC) which under arrest till about 600 pm or prosecute them. remarked that the complaints about thereabouts on 25th December, the The brazen disregard for the law widespread abuse of law and Telangana police took the 7 has been reportedly compounded unleashing of violence by security arrested persons across the border by the Chhattisgarh police forces in Chhattisgarh cannot be and handed them over to r e p o r t e d l y m i s l e a d i n g t h e ignored or taken lightly. The NHRC Chhattisgarh police at Kunta Police remanding court in Sukma that the had in fact summoned the Chief Station on the same day, i.e. 25th 7 persons were arrested within Secretary of Chhattisgarh December, 2016. Chhattisgarh state itself. government and the Inspector It is learnt that today, 26.12.2016 in PUCL strongly condemns the General of Police, Mr. Kalluri, who the morning, all the 7 persons were illegal and unlawful actions of both is accused of masterminding the produced before the remanding the Telangana and Chhattisgarh repressive actions of the police, to Court in Sukma and remanded to p o l i c e . S u c h a c t s o f appear before the Commission. custody under sections 8(1), (2) highhandedness and flagrant P U C L d e m a n d s t h a t t h e and (3) of the Chhattisgarh State abuse of law is only possible when Chhattisgarh police immediately Public Security Act. At the time of the State promises the police total drops all charges against the 7 production before the remand impunity and protection from any member team and release them

PUCL BULLETIN, FEBRUARY 2017 5 from custody. PUCL also demands member Fact Finding Team who Police officials of both states, if that the NHRC should immediately were arrested in Telangana but there found to have abused the law. intervene in the issue, ascertain claimed to have been arrested in Ravi Kiran Jain, President; V. facts, especially the reported Chhattisgarh, and to initiate S u r e s h , N a t i o n a l G e n e r a l untruths about the arrest of the 7- criminal prosecution against the Secretary, PUCL National q

Press Statement: PUCL Chhattisgarh State unit. 19th January, 2017 The Chhattisgarh PUCL has come Hidme, resident of Village Gorkha, exception to the manner in which to know from police releases that 3 due to an IED blast on 18th March Bastar IG Mr Kalluri has utilized the women including a 15 year old girl 2016. The incident had taken place tragic incident of killing of 3 women from Tumnar Village under on a 'kuchha' track used by the in an IED blast by the Maoists to Narayanpur police station have security forces during patrolling, issue a threat “to legal aid groups, been killed in an explosion of IED near Kottacheru village under fact finding teams and so called device planted by Maoists. The Bhejji police station limits according human rights activists”. The PUCL Chhattisgarh PUCL expresses its to then Sukma Superintendent of has always had a clear policy that deep grief at these killings. The Police D Shrawan. A day earlier an they do not support violence. Chhattisgarh PUCL condemns 8 year old girl child Muchaki Anita, However this does not mean that land mining by the Maoists which resident of Kanhaiguda village fact finding teams or human rights causes extreme hazard to life and under Bhejji police station had also activists cannot enquire into limb of non combatant tribal lost her life to an IED blast. Similarly incidents of encounters, sexual villagers carrying out their normal two labourers were killed on 6th violence or arson particularly when life activities in the region. It March at around 9:30 am at Amdai alleged by villagers as atrocities by reiterates its demand that in order Ghati (valley) under Chhote the security forces and confirmed to protect non-combatant civilians Dongar police station limits. by statutory institutions like the in this war zone, the Government of S u p e r i n t e n d e n t o f P o l i c e N a t i o n a l H u m a n R i g h t s India should declare a state of Narayanpur Abhishek Meena had Commission, the Central Bureau of internal armed conflict and allow told PTI that Maoists detonated a Investigation and the National SC strict independent monitoring powerful IED when a joint team of ST Commission. under the Geneva Protocol of district police and the Chhattisgarh We are also disappointed that IG human rights violations by both Armed Force (CAF) was escorting Mr Kalluri, despite being so active parties to the conflict. Since there is a group of labourers through the in Bastar, has given health reasons also news that a jawan has been valley and this was followed by a for not attending the hearing by the critically injured in an encounter gun-battle, lasting for about two NHRC on 30th January 2017. The with Maoists, thus the exact details hours, after which the Maoists fled. police must give adequate respect of events have yet to be On26 t h November 2013, the to statutory national human rights independently established. Chhattisgarh PUCL had written to institutions, and abide their Even earlier in the month of March the NHRC for directions to restrain directions, not just in letter but also 2016 the Chhattisgarh PUCL had the practice of using civilians for spirit. issued a statement on the killing of demining operations or as “police Dr. Lakhan Singh, President, a 55 year old woman Muchaki sahyogi” in land mined areas. Sudha Bharadwaj, General The Chhattisgarh PUCL takes Secretary, PUCL Chhattisgarh q

Tamil Nadu & Puducherry PUCL: Press Release: 11-1-2017 PUCL condemning the Arrest of Advocate Murugan by TN Police PUCL strongly condemns the hours of 8th Jan”17 and detained all were taken away by the police. arrest of Advocate Murugan the the inmates of the home under their Police took photographs of the State Secretary of CPCL (Centre control not even permitting them to family members without their for Protection of Civil Liberties) take any food till 12:30pm. It is consent. The police have abused under UAPA (Unlawful Activities atrocious on the part of police not the wife of Advocate Murugan. The Prevent ion Act) . Advocate allowing the family members becoming culture of Tamli Nadu Murugan has been appearing for (which included five years old boy) Police to use abusive language various civil and political rights even to answer nature's call during against women should be cases in the courts of Periyakulam, their detention at their own condemned by all. Karur, Coimbatore, Dharmapuri, residence. PUCL demands the Government to Varusanadu and Madurai. Police have taken away all the legal immediately release advocate It is totally unwarranted and unfair documents pertaining to various Murugan who has been put behind on the part of Police to enter the other cases available at Murugan's bars for false allegations. The house of the advocate in the early residence. It is reported that even police implied Murugan in a case homeopathy medicines of his wife PUCL BULLETIN, FEBRUARY 2017 6 for which he has been appearing. Government of India to withdraw all PUCL appeals to the Tamil Nadu This kind of act of the police seems draconian laws as they are mostly Government to conduct human to be a warning given to other misused by the police and state to rights sensitization programmes to advocates who would intend to threaten and suppress the human State Police and also take appear for Political and human rights activists and organisations. immediate action against the police rights violation cases. We also demand the Government persons who are involving in In this context, PUCL views that the of Tamil Nadu not to close the human rights violations. draconian laws are used frequently democratic spheres ensured by the Gana.Kurinji, President, by Police to silence the voices of constitution by using police forces Prof.R.Murali, General Secretary, democracy. Hence we demand the against the voices of dissent. PUCL Tamil Nadu. q

Tamil Nadu & Puducherry PUCL: Press Release: 04-1-2017 PUCL demands Immediate Action against Police PUCL condemns the violence It is so pathetic that women PUCL also demands the Police to unleashed by police on the protesters are also physically withdraw the false case fabricated protesters belonged to DYFI and dragged by the police into the van. against Mr. Charles during this AIDWA organizations at Madurai PUCL condemns the verbal abuse event and release him free. on 3rd January 2017. PUCL made by police forces especially PUCL will be submitting a believes that it is a motivated attack a g a i n s t w o m e n p r o t e s t e r s memorandum to NHRC seeking its on the protesters by police with the demeaning their individual dignity. intervention against the violence aim of silencing the voices of It is very sickening to note that committed by Police against democracy. women police have given hard protesters in Madurai and Chennai. The protesters were protesting physical pinch to the women The democratic sphere to express against the violent attack by the protesters. the protest against government police on their counterparts at There is no evidence for initiation of policies and programmes are Chennai last week while they were any violence by the protesters reduced to a major extent now attempting to conduct dharna during this event. When all were days. Hence, PUCL demands Tamil against the demonetization. arrested and kept in a hall, the Nadu Government to instruct the In Madurai, the police did not permit police, it seems wanted to settle police authorities to permit the protesters to conduct their their score against an individual for democratic organizations to hold dharna programme near Periyar various other reasons. It is their protest programmes in the Bus stand. But, on the other hand understood from reliable sources places where they have been they have permitted hundreds of that police men and women who permitted few years back. people to go on procession to have outnumbered the arrested PUCL demands the Government to garland Kattabomman statue on protesters have beaten the sensitize the women and men the same spot and move around arrested protesters kept under their police towards safe guarding the the city in group of vehicles without custody. PUCL views it with all dignity of the individual citizens and any permission. The double seriousness because the police rights provided in the constitution standard approach followed by the who were all involved in this attack for individuals and organizations. It Police is condemnable. have removed their name batches is to be taught that Police is not only The protesters are severely beaten while making their attack. for safeguarding the interest of the by male and female police forces. PUCL demands stern action state but also the interest of the PUCL views this high handedness against the police officials and common people at large. of the police against the cadres of police forces who took part in the Gana.Kurinji, President; Prof. R. DYFI and AIDWA as totally violence against protesters while Murali, General Secretary – TN undemocratic and unlawful. they were under their custody. &Puducherry PUCL. q

Gujarat PUCL: 03-01-2016 Govt.'s Intention of Demonetization A Complete Failure No respite to predicament of rural population… Gautam Thaker After 53 days of demonetization 91 such as eradication of corruption, money has been seized. Earlier, it % of old notes have been deposited unearthing the black money and was estimated that in the country, with the banks. Against that hardly combating terrorism have totally there is black money circulation 38 % of new notes have been failed. Until 29th of December, only worth Rs. 5 to 6 lakh crores. To sum received. government's intention Rs. 3600 crores worth of black up, there is complete fiasco of

PUCL BULLETIN, FEBRUARY 2017 7 demonetization plan. As on 28th the countrymen on 31st December raised about functioning of the October 2016, there was circulation 2016. In other words, it was totally Reserve Bank of India. Entire of Rs. 1,70,000 crore out of which dry and discordant. In the currency system has failed and is in notes of denominations of Rs. 500 beginning, it appeared as if the topsy-turvy. They had no other job and Rs. 1000 formed the value of Prime Minister is giving sermons except to issue fresh and new Rs. 1,46,310 crore. Looking at the like a Saint and thereafter, it announcements day in and day out. statistics of the Reserve Bank of seemed as if he was announcing Even though there are 1,04,000 India, this demonetized amount different schemes just like a branches of nationalized and other has been again deposited with the Finance Minister presenting the banks, 2.2 lakh of ATMs and banks. annual budget. None of this 1,54,939 Post Offices, thirst of cash Whether the decision of announcement, in any way, money of the people could not be demonetization was right or not appears to be useful to the people quenched even today. What a poor shall be known only after is securing hard cash. The P. M. management that country's 94 % forthcoming six months but the who asserted that “Give me 50 people are facing difficulties and condition of rural poor has been days for demonetization, and you have to queue up in long lines for very much pitiable. The rural will have no problem thereafter” withdrawing their own money? How money lenders or money changers does not have any concrete steps can one call it as the patriotism or have gained from this situation. to remedy problems of cash patriotic fervor? Inflation in the Although the farmers have enough transactions. He even did not reply country has been out of control. On money in their bank account, they as to when the situation shall be the one hand the Govt. has not are compelled to count on the normalized. One tends to inquire been able to check the rising prices money lenders to pay up for from him “what is next after of pulses, food grains, cooking gas, fertilizers, seeds and daily demonetization? and what success d i e s e l a n d p e t r o l a n d labourers and to to pay exorbitant he achieved in this entire process demonetization has added fuel to interest. Country's migrant ?” There is no reply or solution to the fire. Poor people is indeed labourers are returning to their this…. being squeezed. native places. Foreign tourists are Rural population continues to face In order that people can easily get also facing difficulties. Looking at difficulties due to demonetization. the cash money, the Reserve Bank the construction labourers, farm In spite of enough balance in their should start facilities of mobile cash labourers, farmers harvesting savings account, they do not get vans. It should restore the situation vegetables their entire economy the money. It is a realistic fact that to normalcy by supplying enough has been shattered. Economic even when there is withdrawal limit money to the banks, replenishing in magazines of the world have also up to Rs. 24,000/- none has till date the ATMs and with uniform s e v e r e l y c r i t i c i z e d t h e got it. The ATMs have been silently behavior with all the banks. If it is demonetization. They have also and steadily standing in the bank not able to do so then, it should told that due to bad policies and premises, in which cash is not make official announcement in equally worse implementation, being replenished. Out of as many advance for suspending cash people have been compelled to as 2.2 lakh No. of ATMs, money is transactions in the bank for that suffer heavily. This situation has replenished only in the 20 % of the particular day, so that people feel arisen because of issuance of new ATMs. On 31st December 66 % of less of difficulty. The government notes only to the tune of Rs. 5.93 the ATMs were found in empty or does not need to shield and lakh crore. It seems that cash 'No Cash' condition. People are overlook its mistakes in diverting crunch shall persist for coming six inquiring as to why the restriction in people's attention by falsely hyping months at the least. withdrawing the money continues on talk talks of cashless economy. There was no stuff or substance in even after assurance of 50 days Gautam Thaker, the Prime Minister's live telecast to time limit? Now the question is General Secretary, PUCL Gujarat. M – 09825382556 q PUDR: Open Letter to Chief Justice of India: 09.01.2017 To, vigilante groups in Chhattisgarh administration in close collusion The Chief Justice of India Honourable Sir, with the vigilante groups like the Supreme Court of India In continuation with our previous Samajik Ekta Manch and AGNI. In Tilak Marg two petitions dated 22nd February the most recent case of attack, on New Delhi - 110201 (India) 2016 and 26th February 2016, we 25th December, 2016 a 7 member Subject: Seeking immediate wish to draw you attention to the fact finding team was arrested by intervention into the arrest of consistent erosion of rule of law and t h e Te l a n g a n a p o l i c e a t activists of the Telangana constitutional freedoms in D u m m a g u d d e m v i l l a g e o f Democratic Front on false Chhattisgarh in the wake of Bhadrachalam district at 6 pm and charges and other attacks on continuing attacks on civil rights handed over to the Sukma Police rights defenders by police and defenders by the state police and (Chhattisgarh State). The fact

PUCL BULLETIN, FEBRUARY 2017 8 Odisha PUCL: Press Statement: 14th December, 2016 finding team consisted of members team is clearly an attempt to complaint was made by a Report of Action Programmes of the Thematic Committees finalised in the of the Telangana Democratic Front criminalize democratic activity and member of the vigilante group (TDF). TDF was formed recently to prevent democratic and human AGNI. Shalini was present in 14th PUCL National Convention, Raipur, Chhattisgarh, 16-18th December, 2016 fight for the rights of the people of rights groups from entering G o e l d h a r a m s h a l a , i n Telangana state. The members of Chhattisgarh and documenting , from 25.12.2016 to the fact finding team are Chikkudu excesses by the security forces. 26.12.2016, to attend the Prabhakar (Advocate), Bhalla The arrests and incarceration of the exhumation and repeat post Ravindranath (Advocate, High activists of TDF is part of a long mortem ordered by the Court, AP), Durga Prasad chain of organized attacks marked Chhattisgarh High Court, of the (Journalist), Duddu Prabhakar by false cases, detention, body of Somaru Pottam having (President, KNPS, AP), Rajendra intimidation and harassment of found prima facie evidence of Prasad (Student leader, Telangana those who dare to expose the murder. Shalini Gera is Vidyarthi Vedika), Nazeer (Student lawlessness of the state. In 2016 representing the parents of leader, Telangana Vidyarthi alone, the security forces have Somaru Pottam in the case Vedika) and Ramananda Laskhme carried out 134 encounter deaths in where his parents have (Student organizer), all seven are Chhattisgarh and three cases of accused the security forces of persons of public repute and have sexual violence by security forces killing their son. Shalini Gera been committed to the cause of have come to public light. In one of a n d h e r t e a m w e r e democratic rights for decades.The the cases that occurred in October accompanied throughout by team was on its way to investigate 2015 in Bijapur, the NHRC has Mr. D Mahant, Tehsildar of complaints of human rights found prima facie evidence against Bijapur, and also by Mr. Pankaj violations suffered by adivasis of the state police officials of gang Daharia CEO of Bijapur and Chhattisgarh at the hands of rapes and physical assault of tribal the SDM of Bijapur. Mr. security forces. The immediate women. A similar incident of sexual W a s n i k a r , D i v i s i o n a l context of the fact finding related to violence took place this year in Commissioner, had made the murder of a 13 year old tribal January in the Nendra village, in arrangements for their stay in boy Somaru Pottam. On December relation to which the NHRC has Goel Dharamshala as the 16, Bijapur police had announced sought response from the Circuit house was fully that a team of security forces had authorities. While the state occupied. However on the 26th killed an 'unidentified and armed continues to intensify the use of evening, she was threatened Maoist in uniform' in Metapal in a violence against the tribals in by the SI Archana Dhurandhar, gun battle. The residents of Chhattisgarh as part of their and accused by of staying in Metapal, however, later recognized 'counter-Maoist' operations, the dharamshala in an him as Somaru Pottam, following carrying out planned encounters, 'unauthorized' manner. The which Pottam's parents petitioned fake surrenders, sexual abuses next day, she received a call the High Court. and illegal detentions, those from Mr R.N. Dash, SP Bastar, The Sukma police has alleged that bringing out the truth have also that he has received a the team members were in been on the radar of the state. The complaint against Shalini for possession of demonetized following cases of attack on adding the Maoists. So far, no currency and had come to aid the journalists, lawyers and activists in FIR has been registered but Maoists by exchanging the old 2016, bear testimony to the DIG Kalluri has addressed currency on their behalf. The team vindictive vendetta of the state. several press conferences was charged under sections 8(1), i) Intimidation of lawyer, announcing that they are (2) and (3) of the Chhattisgarh Shalini Gera: Shalini Gera, investigating the complaint. State Public Security Act, on along with other members of These attempts at intimidation charges of support to Maoists and the Jagdalpur Legal Aid Group are not new. For the past year for possession of banned literature. (JAGLAG), have continuously and a half, Shalini Gera and her On 3rd January the Dantewada been harassed and attacked colleague Isha Khandelwal district court rejected the bail by the police and local groups, h a v e b e e n c o n s t a n t l y application in the case. During the as a penalty for providing legal harassed by the police officials court hearing neither the copies of remedies to adivasis who have and were forced to vacate their seizure reports, FIR, and or suffered at the hands of the premises on February 20, panchnama reports that are public police and security forces. In 2016, under orders from SP documents have been shared with December 2016, another Dash and SRP Kalluri. the defence lawyers. The list of attack was made at Shalini ii) Harassment of Sukul Prasad seizure reports that were read out accusing her of exchanging old Barse, an rights contained books widely available currency notes for Maoists. activist: Sukul Prasad Barse, and none belonged to the category She was also accused of an adivasi activist was of banned literature. The action of meeting Maoists in the intimidated by the Chhattisgarh the police against the fact finding Dantewada jungles. The police for organizing a meeting

PUCL BULLETIN, FEBRUARY 2017 9 Odisha PUCL: Press Statement: 14th December, 2016 on the 19th of December in Chhattisgarh Auxilliary Police resurgence of armed of Report of Action Programmes of the Thematic Committees finalised in the village Matenaar of Dantewada Force burnt effigies of Manish villagers similar to the earlier district. The purpose of the Kunjam, Nandini Sundar, Bela disbanded Salwa Judum, to 14th PUCL National Convention, Raipur, Chhattisgarh, 16-18th December, 2016 meeting, organized with the Bhatia, Soni Sori and Malini counter the Maoists. Following help of People's Union for Civil Subramaniam, across Bastar. the report, the Chhattisgarh Liberties (PUCL) was to hear Kunjam and Sundar are the police had accused the team accounts of the family petitioners in the Tadmetla members of threatening the members of those adivasis case. The police forces while villagers and forcibly asking who have been killed in fake burning the effigies, in defiance them to support the Maoists, a encounters, were victims of and utmost contempt of the claim that the villagers of Nama sexual violence and other Supreme Court order, claimed had later denied. It also human rights abuses by the that those six persons are 'anti- remains a fact that one of the police and security forces. nationals' responsible for prime accused in the FIR, Prof. Activists who were returning maligning the Chhattisgarh Nandini Sundar is a petitioner after the event, were stopped police propagating false and in the Tadmetla case. The fact by the police for verification. fabricated stories. that these persons were not The photos of the activists iv) UAPA and murder charges there in the village on the day of were taken by the police and a g a i n s t t r i b a l r i g h t s the murder, did not deter the circulated through social media activists: On 5th November an police from pursuing the and were circulated to vigilante FIR was registered by the complaint against them. DIG groups who in turn concocted a Chhattisgarh police invoking Kalluri himself appeared story of JNU students having Sections 302 (murder), 120B b e f o r e t h e m e d i a , come to Bastar for provoking (criminal conspiracy), 147 congratulating his men for people. The Dantewada police (punishment for rioting), 148 bringing the accused to task! have been regularly visiting Mr (rioting armed with deadly Finally, a petition was moved in Barse's house and threatening weapon) and 149 (Unlawful the Supreme Court of India that him for organizing this event. assembly towards common made it obligatory for the State iii) Intimidation of activists in object) of the IPC against 26 of Chhattisgarh to provide four the wake of the CBI charge persons. The list of accused week notice to the court before sheet in the Tadmetla included academics, Nandini deciding on any action, led to massacre: In October 2016, Sundar and Archana Prasad, some temporary relief. effigies were burnt by the police activists Vineet Tiwari, Sanjay v) Attack on journalist Prabhat of six prominent members of Parate from the Communist S i n g h : A n o r g a n i z e d civil society who have faced Party of India (Marxist), two campaign has long been violence and intimidation local activists, Manju Kawasi carried out against the local earlier for resisting the ongoing and Manglu Ram Karma for the journalists who have been war against the adivasis in murder of Shamnath Baghel, a reporting about the police Bastar. This 'official protest' by resident of Nama village and excesses in the state. On 21st the police came in the wake of alleged leader of an anti-Naxal March 2016, Prabhat Singh, a the CBI submitting its status group called 'Tangiya', who local journalist working with report in the Supreme Court was killed on 4th November ETV, was picked up by monitored inquiry into the allegedly by the Maoists. The policemen in plain clothes from Tadmetla massacre of 2011. FIR was filed on a complaint his office and taken to Parapa The CBI in its report held 7 allegedly made by the wife of police station where he was SPOs responsible for the arson the deceased (which she later illegally detained for a day and and 26 Salwa Judum members denied to NDTV). This tortured all night. He was also guilty of the attack on Swami particular case connects back pressurized to write reports Agnivesh and his team when to a fact-finding conducted by favouring the DIG Kalluri and they went to do a fact-finding. the people listed in the FIR in was forced to sign a number of The CBI also found prima facie May 2016. The fact finding blank documents. Prabhat evidence of killing, rapes, report had revealed several Singh was then charged under brutal assault and lootings. The instances of fake encounters, Sections 67, 67 (A), 292 IT Act Chhattisgarh Police dismissed rapes and arrests by police and on the allegation that he had the CBI findings claiming that security forces, beatings and sent an obscene what's app the burning down of the village IED blasts rampantly carried message against a senior was accidentally caused by out by the police. The team had police officer. The complaint heat generated by crossfire also revealed that the police against Prabhat Singh was during an operation against the were holding Jan Jagran registered at the behest of the Maoists. Thereafter, on 24th Abhiyans with villagers and members of the local vigilante October personnel of the e v i d e n t l y a i d i n g t h e group Samajik Ekta Manch. A

PUCL BULLETIN, FEBRUARY 2017 10 day before his illegal detention, complained against the two for sexual violence or the High Court in his job at the ETV was abruptly forcibly entering the school and Pottam's encounter, need to be terminated without any prior demanding money. The arrest v i e w e d a s p u b l i c notice, blatantly bringing to fore was made, however, only when acknowledgement of that the the planned nature of attack Jaiswal had come in support of 'counter-Maoist operation' in against him. Singh had been Prabhat Singh on charges of Chhattisgarh carried out by security reporting on fraudulent arrests trespassing, obstructing public forces is a farce under the garb of and fake encounters carried servant from discharging their which violence is being perpetrated out by the Bastar police duty, and assault against a and vested interests are being consistently since 2014 and public servant. Along with served. The state continues to had been threatened by the Someru Nag, Santosh Yadav foster vigilante groups such as police against his reporting. In (see annexure dated 22nd AGNI which are nothing but revived 2015, three other cases had February) and Prabhat Singh, forms of the earlier disbanded been registered against him in Jaiswal became the fourth Salwa Judum. The Supreme Court the district of Dantewada journalist to be arrested in in a historic judgment in 2011 had including charges under The Chhattisgarh within less than declared the Salwa Judum SC and the ST (Prevention Of six months. unconstitutional, however, guises Atrocities) Act, 1989 and the These instances of intimidation, of the same have been continually d r a c o n i a n C h h a t t i s g a r h harassment, physical attacks, being operating as illegally armed Special Public Security Act, evictions, false cases, and arrests l o c a l m i l i t i a s i n t i m i d a t i n g 2005. On 21st June 2016, the of activists in Chhattisgarh, have democratic forces and silencing the Chhattisgarh High Court continued unabated in the year truth. granting him bail on all four 2016, much like the past. By Burning effigies in relation to the cases registered against him. embroiling the journalists and Tadmetla findings in contempt of vi) Arrest of journalist Deepak activists in false cases and the Supreme Court order, Jaiswal: On 26th March 2016, arresting and torturing some of d i s r u p t i n g t h e p r o c e s s o f another journalist Deepak them, the police tries to ensure that exhumation and post-mortem Jaiswal working for Daindini crimes being committed by ordered by the Chhattisgarh High newspaper, was arrested by Government forces and their allies Court and continuing to arm and the police when he had gone to do not get reported. By dragging in empower local goons against the court to file a bail the names of scholars and activists civilians, the Chhattisgarh state application for Prabhat Singh. espousing the cause of the tribal police has also been trying to He was arrested in a seven rights, the support and solidarity to impede the interests of justice by month old case in which the adivasis is increasingly defying the judiciary. We, therefore, Prabhat Singh also was a co- restricted. By intimidating and appeal for your urgent intervention accused. The two journalists evicting legal helps such as in the prevailing state of affairs in had reported about a school in JagLag, legal assistance to Chhattisgarh. Geedam in Dantewada where adivasis is made difficult ensuring Cijo Joy and Anushka Singh teachers helped the students they languish in jail for innocence. Secretaries, PUDR cheat in the exam. After the Findings of the CBI in the Tadmetla http://pudr.org/content/open-letter-chief- justice-india-seeking-immediate- report, the Principal had massacre, the NHRC in the Nendra intervention-arrest-activists-telangana q Analysis: Sachar Report Gathers Dust, Abolishing Personal Laws can't Change Dark Realities Humra Quraishi This mid-week (22 December) implementation part carried out by touched the lowest rung. several academics and activists of the central and the state Perhaps, the establishment wasn't this capital city are getting together governments.” ever serious in trying to bring about to 'review' the Sachar Committee Ten long years have passed by and a change in the surviving patterns Report in the context of the though Justice Sachar and his of this minority community. Why I'm i m p l e m e n t a t i o n o f i t s team had put together a detailed saying so is because several years recommendations. As N.D. and comprehensive report on the before the Sachar Committee was Pancholi puts across, “The report condition of the largest minority setup there was the Gopal Singh presented in Lok Sabha in community of India, yet the Commission Report and then more November 2006 was a mirror e s t a b l i s h m e n t d u c k e d o r recently, in 2014, the Kundu showing a true picture of the backtracked or played politics at Commission Report, with focus on Muslim community. After ten years, the crucial implementation level. the conditions faced by the Muslims the progress of the Report will be Statistics show that today the of this land. Yet, look at the dark r e v i e w e d , p a r t i c u l a r l y t h e condition of the Muslim has realities around…getting darker by

PUCL BULLETIN, FEBRUARY 2017 11 Odisha PUCL: Press Statement: 14th December, 2016 the day. and Gujarat pogrom were two “strength of Quran's provisions.” As Report of Action Programmes of the Thematic Committees finalised in the Together with these Reports, well- major jolts for the Indian Muslim. he'd detailed, “First of all, despite known academics have been Today the Indian Muslim is more the contrary belief, marriage is a 14th PUCL National Convention, Raipur, Chhattisgarh, 16-18th December, 2016 writing extensively on the rather than wary of the Right -Wing very serious business in Islam. And systematic decline of the Muslim government at the Centre, and is now coming to the chapter on talaq. community in terms of the socio – well aware of the RSS agenda vis- It is this chapter that lays down all economic conditions and also the à-vis largest minority community of the details including the procedure setback they face each time a riot is India. He or she has read or at least for talaq and the importance given made to happen. In fact,Asghar Ali knows the contents of the RSS to the arbitration aspect and of Engineer's detailed findings on the 'literature' and with that realizes course the maintenance aspect. In Communal Riots in the country that Hindutva agenda is to attack fact, the triple talaq is unquranic after the Partition, VN Rai's findings and destroy if not to dilute the very …one particular line from the vis-à-vis the communal riots, and identity of the Musalamans of this Quran - wa lil mutallaqati mata'un reports on the Muzaffarnagar riots land. bil-maroof, haqqan 'alal muttaqqin of 2013 are some of those crucial Today Muslims ask the obvious: (unto the divorced woman, a pointers to the biased role played Why has the government of the day provision that is reasonable is by the State machinery each time a not bothered to implement the obligatory, an obligation for the riot is made to occur! Oh, yes, riots Gopal Singh, Sachar and Kundu righteous ). And this line is enough are 'made to occur' by those in Committee recommendations? to provide her status and a decent power, because of the simple fact Why this sudden concern for the maintenance. So Shah Bano got that no riots can take off without the Muslim community, which has been her due maintenance on the prior knowledge of the police force lagging behind and facing strength of Qur'an's provisions. In together with Agencies. discriminations on all spheres : fact, whilst fighting for the Shah I wonder: why are the National and social, economic, educational, Bano case I quoted this very line State level Minority Commissions even at the jailed levels; what, with and the minute I showed this line to quiet and subdued and do not jailed Muslim inmates baring the the Chief Justice he said that line question and query the politically - dark realities of those hell -holes? was enough to get her due, her appointed men manning Minority And on the Common Civil Code, maintenance.” In fact, Latifi was Affairs ministry? Why don't they rip Muslim women ask: “if this BJP absolutely against the Common off the facades set up by the government is so concerned about Civil Code and had blamed the BJP establishment in the name of the our betterment then they should tell for making it into some sort of a minorities of the country? the police not to kill us. The political issue. To quote him, “I Muslims are wary of this situation is so dangerous that any repeat that neither then and nor government! innocent Muslim man can be killed now will I ever favour a common Today it's become almost on mere suspicion of beef …this civil code. It is not really needed. fashionable to blast off Islam and their latest strategy to ruin us. Also because it has become a with that the Muslim community. Making us widows!” political issue and the BJP and its Together with that heap all sorts of Today there is a sense of insecurity allies are looking for an issue and notions on them. The latest, of amongst the Muslims. Writ large want to rake it up. I personally feel course, is that they are not are the double standards and that the Muslim do not need it.” On changing with the times and are not biases in the very governance and polygamy, he was equally stark, giving in to the muchhyped also the dictates of the political “polygamy has been made into an Common Civil Code. As though it mafia and of the 'saffronized' cops. issue by political parties …it is will be some magic potion to cure Muslims also stress that they there certainly low, in fact, very low away all marital discords and the are comfortable with their Personal amongst the Muslims. I wonder connected aftermath. Laws. “Just because some why are not the real issues I have been asked a hundred times 'mischief maker' misuses or twists pertaining to Muslims highlighted! why the Muslims are not in favour of those provisions does not mean The reality is that Islam has actually the Common Civil Code. And each that there ought to be changes. provided enough guidelines and time I have written extensively on Non- issues are played up by the precautions and codes of conduct. the crucial 'whys' to this. BJP-RSS in the garb of betterment It is rather tragic that most sit Foremost, yes, it's a fact that a of the community. Tomorrow these unaware.” (21 December, 2016) great majority of the Indian Muslims goons will say change your names Link: are not in favour of the government or surnames!” http://www.milligazette.com/news/15185 -sachar-report-gathers-dust-abolishing- trying to bring about changes in In fact, in the 1990s, when I had personal-laws-cant-change-dark- their Personal Laws through direct interviewed the late Danial Latifi - realities or indirect ways. They are more the well- known lawyer who'd Published in The Milli Gazette than wary of the 'games' played of handled the controversial Shah (Indian Muslims' Leading the establishment. There are a Bano case - he had made it very Newspaper) q whole bunch of backgrounders to clear that Shah Bano had got her this: The Babri Masjid destruction due maintenance on the basis and

PUCL BULLETIN, FEBRUARY 2017 12 RESOLUTION (Adopted in the seminar on 'Justice Sachar Committee Report: A Review After 10 Years') The Sachar Committee, headed by discrimination against minorities in number of S.C. voters are Justice Rajindar Sachar, was the private sector like housing, unreserved. This is unfair to both constituted in 2005 by the then employment (since courts cannot Muslims and S.C. electorate. Prime Minister of India Dr. interfere in cases of discrimination The Committee had hoped that it Manmohan Singh to prepare a i n p r i v a t e s e c t o r ) . T h i s would receive the attention of the report about social, economic and recommendation has been Government immediately because educational status of the Muslim inexcusably violated and also the Delimitation Commission was community in the country. The remained in cold storage. at that time engaged in this findings and recommendations of The EOC can be set up by the state exercise and evidently any the report immediately became a governments without taking suggestion or any exercise to be topic of sharp debate in political, permission from the Central done by it had to be undertaken social and intellectual circles as it government. Hence this seminar during the current term of the then was presented in the Lok Sabha on resolves that the present state Delimitation Commission. 30 November 2006. The report has governments run by secular parties The Committee had concluded that completed 10 years of its release should immediately establish the Muslims were thus denied benefits on 30 November 2016. To mark this EOC in their respective states. in politics since assembly occasion Socialist Yuvjan Sabha A very urgent recommendation constituencies where the voter (SYS), People's Union for Civil of the Prime Minister's High Level population from the community was Liberties (PUCL) and Khudai Committee Report dealt with the substantial were reserved for Khidmatgar have organized a one- unfairness of divisions of electoral scheduled caste candidates for day seminar in Gandhi Peace constituencies which results in election. In all fairness it would F o u n d a t i o n , D e l h i , o n 2 2 lesser number of Muslims in the have been more equitable to December 2016. Scholars from legislature to which they are reserve those constituencies for various disciplines including some broadly entitled based on the SCs where their voter population is representatives of the Muslim population. This anomaly arises high rather than those where it is community participated in the from the irrational demarcation of low and the Muslims presence is deliberations and reviewed the seats in the legislature. higher. progress of the report, particularly Thus in U.P. there is abundant B u t , t h e H i g h P o w e r e d the implementation aspect of its potential for substantial number of Committee's suggestion was recommendations, carried out by Muslims to win seats. For instance, ignored during the delimitation. central and state governments in in U. P. that sends the largest This anomaly is a reason for low the last 10 years. number of members (80) to Lok representation of Muslims in the F o l l o w i n g r e s o l u t i o n w a s Sabha, there are 25- 52%, legislatures. How inequitable that deliberated upon and passed at the Muslim's in 18 seats, in 23 seats important issues related to the end of the seminar. Muslims are 15- 24% and in community are ignored or don't get The Minorities, especially the another 18 seats Muslims are 10- the desired priority. Somebody has Muslims, have been the ignored 14%. Similar is the demographic – to take the responsibility for not factor by all Central Governments. electoral reflection in most of the taking concrete action in order to A m o n g s t t h e v a r i o u s states.” It was further pointed out remove this anomaly. Mere lip recommendations, the Prime that delimitation of constituencies sympathy is a façade. The seminar Minister's High Level Committee in a fair manner is essential. But on resolves that a concrete action Report had recommended the the contrary the constituencies with should be taken in this matter. establishment of Equal Opportunity substantial number of Muslims Ravi Kiran Jain, President, PUCL Commission (EOC) as an have been reserved for S.C., and National; Niraj Singh, President SYS; i n s t r u m e n t t o p r e v e n t constituencies with substantial Faisal Khan, President, Khudai Khidmatgar. q PUDR Press Release: 30th December 2016 PUDR condemn the Continuing Harassment of Rights Defenders by Chhattisgarh Police Peoples Union for Democratic Chhattisgarh police. On 27th that she has exchanged notes Rights (PUDR) strongly condemns December 2016, she received a worth Rs. 10 lakhs for in the intimidation of Shalini Gera, an phone call from Mr. RN Dash SP the Goel Dharamshala in Jagdalpur advocate and member of Jagdalpur Bastar, informing her that he has on Monday, December 26, 2016. Legal Aid Group (JAG LAG) by the received a written complaint stating She was also accused of meeting

PUCL BULLETIN, FEBRUARY 2017 13 Odisha PUCL: Press Statement: 14th December, 2016 Naxalites in Dantewada jungles. room. Meanwhile, the team used by the police was the same Report of Action Programmes of the Thematic Committees finalised in the Later she came to know through a managed to get the Divisional that they were exchanging old Whatsapp message about the Commissioner to talk to SI notes for Maoists. Chhattisgarh 14th PUCL National Convention, Raipur, Chhattisgarh, 16-18th December, 2016 complainant who happens to be a Dhurandhar and only after his Police foisted false cases against member of a vigilante group AGNI. confirmation she left the room. the Fact Finding team members Shalini was indeed present in Goel It is not the first time the members of under Sections 8(1), (2) (3)and (5) Dharamshala in Jagdalpur from the Jagdalpur Legal Aid Group (JLAG) of the draconian Chhattisgarh State night of 25.12.2016 to the evening were intimidated. JLAG has been Public Security Act.The police of 26.12.2016 along with her active in Bastar since 2013 taking misled the court by making false colleagues for attending an up cases of poor Adivasis many of allegations against the team exhumation of the body of Somaru whom were falsely implicated in members by calling them Naxalites Pottam of Metapal village in Bijapur cases for raising voices against the who had come there to aid the district for a repeat post mortem to high handedness of the police and a c t i v i t i e s o f t h e M a o i s t s . be conducted in Maharani Hospital, the state. It is obvious that the Incidentally the TDF activists who Jagdalpur under the directions of government and its forces find their were arrested were also planning H o n ' b l e H i g h C o u r t o f activities undesirable. The local Bar for a fact finding on the killing of Chhattisgarh. On December 16, Association, clearly prompted by Somaru Pottam. All the members of Bijapur police had announced that the police, took out a resolution on the Fact Finding Team are leading a team of security forces had killed October 3rd 2015 prohibiting them democratic rights activists who an 'unidentified and armed Maoist from practicing in the local courts have been in public life since three in uniform' in Metapal in a gun (See http://pudr.org/content/ decades in Telangana and Andhra battle. The residents of Metapal, condemn-continuing-attacks- Pradesh. however, recognized him as 13- lawyers-and-journalists-bastar- PUDR has received information of year-old Somaru Pottam. His chhattisgarh). another act of intimidation of civil parents petitioned the Chattisgarh On their complaint, the State Bar rights activists by the Chhattisgarh High Court demanding an enquiry Council of Chhattisgarh passed an police which took place on 20th claiming that their son has been interim order allowing them to December. A one day conference murdered by security forces. practice again. Despite the order, was organised on Adivasi rights by Shalini is representing the the harassment has continued. People's Union for Civil Liberties (See, http://pudr.org/content/stop- petitioners in this case. In false-arrest-adivasis-and-threats- (PUCL) on 19th December in connection with this case, Shalini rights%E2%80%99-activists-and- village Matenaar of Dantewada and her colleagues had travelled to lawyers-chattisgarh). For the past district. Around 100 villagers from 3 J a g d a l p u r . T h e y w e r e year and a half, both advocates districts, i.e Dantewada, Sukma accompanied throughout by Mr. D Shalini Gera and Isha Khandelwal and Bijapur, comprising of family Mahant, Tehsildar of Bijapur, and were being hounded by the local members of various adivasis who also by Mr. Pankaj Daharia CEO of police. They have been faced with h a v e b e e n k i l l e d i n f a k e Bijapur and the SDM of Bijapur. thinly veiled threats at press encounters, victims of sexual M r . W a s n i k a r , D i v i s i o n a l conferences insinuating that the violence and other human rights C o m m i s s i o n e r, h a d m a d e police are closely monitoring NGOs abuses by the police and security arrangements for their stay in Goel providing "legal aid to Naxalites". forces spoke at the conference. Dharamshala as the Circuit house Their clients were also warned. The event was locally organised by was fully occupied. This shows that Visiting journalists and researchers Mr. Sukul Prasad Barse. Activists, her visit and stay at Jagdalpur was have been told that they are a when they were returning from the official and not a secret one as front. On 20th February conference on the following day claimed by the SP and her 2016, JLAG members forcibly were stopped by police for accommodation was arranged by evicted by police under orders from verification. They were questioned the state officials. Further on 26th SP Dash and IG SRP Kalluri. about the meeting and were evening she was threatened, In a similar incident of harassment allowed to go only after verification intimidated by SI Archana of rights activists, a 7 member Fact of their names and identities. The Dhurandhar claiming that they Finding team of Telangana photos of the activists and the were staying there in an Democratic Front (TDF) were meeting taken by the police were unauthorized manner and insisted arrested by the Telangana police at handed over to vigilante groups on taking them to the police thana D u m m a g u d e m v i l l a g e o f who circulated them alleging that for interrogation, and also insisted Bhadrachalam district and handed some students from JNU had on searching the entire room. Since over to Sukma police which put entered Bastar for provoking the SI was not carrying any papers or them in Sukuma Jail, Chhattisgarh, people, when none of the activists orders or warrants, the team on 25th December 2016. The ploy who attended the meeting is from refused to allow her access to JNU. The police officials from

PUCL BULLETIN, FEBRUARY 2017 14 Kotwali thana, Dantewada, since P a r a t e , S e c r e t a r y, C P M , ploy for the police to harass then, have been consistently Chhattisgarh and Manju Kawasi of activists on alleged charges of making rounds at Mr. Sukul the CPI. They were not present monetary help to Maoists. PUDR Prasad's house and threatening anywhere near the spot of the denounces the police actions and him for organising this event even killing of Shamnath Baghel for expresses solidarity with all those though a prior information was whose murder they were charged. who are raising concerns of given to the local authorities. Mr. They were part of a fact finding democratic and political rights of Sukul Prasad Barse is a near 70 team in May this year which had the Adivasi people. year old well respected local social revealed several instances of fake We demand: activist from Maatenar, who works encounters, rapes and arrests by • Immediate stop to witch closely with Soni Sori and has been police and security forces, beatings hunting, intimidation, arrests of continuously raising issues of and IED blasts rampantly carried Activists, Journalists, Lawyers, human rights violations by the out by the police. Doctors, Teachers, and police forces. The above incidents in quick Students To recall another instance of succession point towards an • Release all Social and Civil v i n d i c t i v e a c t i o n b y t h e escalation in instances of Rights Activists arrested so far Chhattisgarh police against suppression of democratic voices and drop charges against activists, in November the state in Chhattisgarh that expose the them. police and district administration lawless nature of the state • Action against state police and had registered a case on charges of increasingly violating the rights of local vigilate groups for 'criminal conspiracy and murder' the people. The nexus between the malicious targeting against Dr Nandini Sundar, state police and the vigilante Anushka Singh and Cijo Joy, Department of Sociology, Delhi groups in scuttling such voices, Secretaries PUDR University; Dr Archana Prasad, only becomes more apparent http://pudr.org/content/condemn- Professor, JNU; Vineet Tiwari of the through such cases. The pretext of c o n t i n u i n g - h a r a s s m e n t - r i g h t s - Joshi Adhikar Sansthan; Sanjay demonetization has provided a new defenders-chhattisgarh-police q

PUCL Tamil Nadu & Puducherry State Unit State Convention, 3rd and 4th September 2016 Presidential Address by Mr. P B D'sa, National Vice-President, PUCL Today's Presiding Officer, Prof. for communal unrest, Rajasthan for have lost their character. It looks Saraswathi and my friends and h i s t o r y, M a h a r a s h t r a f o r like that. But is the situation really colleagues in PUCL. I am P.B. Commerce, Himachal for Cold, bad. The answer is “NO”. D'Sa, one of the Vice-President's at U.P. for rice, Arunachal for Sunrise, It looks as if things were much the National level in PUCL. My Goa for singing and wine, better and harmonious and President, Prof. Prabhakara Sinha Meghalaya for rain, M.P. for peaceful before the Emergency and the General Secretary, Dr. diamonds, Mizoram for Glass, from 26th June 1975 to 26.03.1977. Suresh, have sent their greetings to Manipur for dance, Nagaland for India faced Internal emergency. But you and wished success for your Music, West Coast for Coffee, Tea most of the civilians were not State Conference. Karnataka State and Tiles, Chhattisgarh for affected. Only the opposition President Prof. Rajendra and physique, Uttarkand for Rivers, leaders were imprisoned. Secretary Dr. Laxminarayan has Tripura for Singers, South India was much more also sent his greeting to all of you. India for all of us a secular, peaceful before the emergency 70 Years Old India i.e. Bharath socialistic India for Prosperity, than North India. But what is the INDIA with 31 states, 1618 Progress, Love, Peace and scenario today ? In the year 1914 languages, 6400 castes, 6 major Harmony. and 1915 maximum violence has religions, 6 races, 29 major feasts, 40 years of PUCL – What is the taken place against Dalits and one India. And I am a Proud Indian. impact of PUCL in India minorities, corruption has engulfed 70 years of freedom. In 1976 October 17th the first e v e r y d e p a r t m e n t o f t h e Yes are you really free? meeting of PUCL took place in Government. The worst affected Punjab/ Mercara for fighting and Delhi under name PUCL & DR. In are Judiciary and Police not sparing sports, Bengal for writing, Kashmir the year 1981 PUCL was reborn as even the fourth estate of India i.e. for beauty, Andhra for duty, PUCL and PUDR also continued. Media – and IAS and IPS and IFS – Karnataka for silk and I.T, 40 years have elapsed after the The department which, first Home Haryana for Milk, Kerala for literacy birth of PUCL and PUDR. And irony Minister of India Sardar Vallabhai and Brains, Tamil for Grains and of fate is that during these 40 years Patel, described as Steel frame of brains, Orissa for Temples, Gujarat India has gone from bad to worse. India. In fact entire India means Indians PUCL BULLETIN, FEBRUARY 2017 15 The steel frame of India has thousands of missing children. The or written word or slogans if the become rusty and crumbling assembly was addressed by person concerned does not intend Arrest of IAS and IPS officers by reputed human Rights activists. A to create disturbance, disorder of Lokayuktha is a part of daily news. few members in the assembly at law and order or incitement to The number of politicians who are the end of the meeting raised a few v i o l e n c e . T h e r e f o r e w h a t arrested for corrupt practices is on slogans against the Indian Army. happened at Bangalore, or JNU or the increase. Sardar Patel's `Steel Towards the end of the meeting the Hyderabad or what Ramya said frame' has started rusting, Kashmiri Pandits who were present cannot be considered as Sedition. Politicians were emboldened and a in the meeting were also allowed to Singur judgement: collaboration started building up speak. Some Kashmiri students The Singur Judgement by the between Politicians and the All are said to have shouted “Azadi Supreme Court has emphasized India Services. slogans”. If raising slogans is a the rights of the deprived people of Though Dalits were ill-treated traitorous act then the entire land and their livelihood by due and deprived of their rights for Kashmir Valley citizens should process of law and transparency centuries, attack on Dalits and have been sent to jail by now. and ignored the Governments plea minorities which was never heard Udupi Murder of Praveen Poojari f o r P u b l i c p u r p o s e a n d of before the emergency are a Recently Bajrang Dal (Aug. 20) industrialization. In the entire matter of daily news. First time in killed one Praveen Poojari country the rights to acquire land for the History of India, Christian accusing him that he was public purpose was misused in the churches and places of worship transporting cows for sale. How is it name of SEZ. This is indeed a were attacked simultaneously on a possible that one who was doing victory for Human Rights and rule of single day in 18 places in Milk business by rearing 6 to 7 cows law and Democratic way of life and Karnataka. And several churches and living by that can indulge into the Farmers who have committed and Christian Houses were cow transport for slaughter. There suicide in lakhs. demolished in Khandhmal and was no need for him. The reason Gandhiji told the rulers to look after North Eastern states. These was these Bajrang Dal did not like the villages. But Nehru in his communal attacks started after the his rise in BJP and his prosperity. perverted wisdom copied the west demolition of Babri Masjid in the Recently 4 dalits were openly and built 10 large cities and large year 1992. Haryana stands first in tortured in the presence of police in industries and called them temples communal attacks and Karnataka Una Gujarath for skinning a dead of Modern India. This was a blunder second in the year 1915. cow, which went viral all over India. done. Now the greater bluffer and Recently a citizen in Bombay was Earlier two Muslims were forced to actor Modi wants to build 100 smart attacked though he was a Hindu eat cow dung for transporting cows. cities. If he does this at the cost of because he was carrying a leather Three years back a Muslim father the villages, Crimes will increase, bag. Bombay an International and son were made naked in public rapes will increase. There will be Metro, which was far from any and tortured. chaos in the country. communal colour is also not The Home Minister of Karnataka On the face of it, it looks as if the spared. referring to the false FIR filed Democratic structures are Dalits all over India protested against Amnesty International said crumbling on the face of against “Una” attack and all other that it does not appear that fundamentalism, Caste conflicts incidents and took a vow not to lift a Amensty has committed any and Communalism. But if we go dead cow and skin the same. Now offence against the Nation. ABVP is deeper the situation is not so these goonda Brahmins who deliberately organizing students by desperate. These conflicts are a provoke backward classes and force to raise slogans against blessing in disguise. These dalits and pay them to assault their amnesty that it is anti national and conflicts were not visible in the past. own people i.e. Dalits, backward causing sedition of the nation. It is a Now they are visible. Dalits, people and minorities are engaged well known fact that merely raising minorities have become aware of and training and provoking to attack slogans without causing violence is their rights. They are more their own brethren. They do it not sedition. If what Ramya, a prosperous, educated and because they are paid for it. Kannada Actor said amounts to progressive. And they have started Sedition sedition. Then what Vajpayee, fighting back. Amnesty International is a Advani and RSS member Veda During 1947 the population was Internationally respected N.G.O. Prasad said long back also much less than today and with thousands of members all over amounts to sedition. communication and Media did not the world. All of them have no Ramya merely said Pakistanis are reach all nook and corners of the P o l i t i c a l a ff i l i a t i o n s . T h i s good people, just like Indians. country. Today it has reached every organization had organized a Sedition law has been misapplied where in minutes. What was not meeting under the caption “Broken and misused and misinterpreted as reported then now it is transmitted families” in the context of it is not at all applicable for spoken all over the world in seconds.

PUCL BULLETIN, FEBRUARY 2017 16 The modern cities are becoming If you observe minutely, all these more people to our fold, specially more and more secular. It is a years it was minority Governments the youth and retired people who Politically minded crooked who were ruling us. Congress was are in a large number. What we are Hinduthva-vadies who are actually getting 30% of the votes, similarly doing today is not just enough more not practicing Hinduism are making BJP also did not get more than importantly we will have to give use of the religious card and 30%. Soon Dalits, minorities, publicity to what we have done. mislead Hindus, because they are educated people will come out and There are NGOs like Common in the majority. But we can trust the take over the management of this Cause, The Radical Humanist, large number of Hindus who are country. Sabrang Trust – one run by Teesta staunchly Secular, Reasonable Signs are clear from the pattern of Setalvad, Mr. Colin Gonsalves, and Patriotic will not allow India to voting in Delhi and the election Green Peace, Transparency India become artificially political Hindus. analysis reported in the Media etc. who are fighting back. We have Neither Congress dynasty nor RSS about Punjab, Goa, Karnataka. a N.G.O. in Karnataka by name hierarchy can cure the wounds I t i s i n d e e d t r u e t h a t Communal Harmony Forum which caused by them. Soon there will be fundamentalism, caste conflicts is concentrating on Caste, a new breed of Politicians in this and communalism will damage and Communal and Minority Issues. country, who are social activists, destroy Democracy. But as I said With these words I have great technocrats, highly educated and earlier the picture is not so fearful. pleasure in inaugurating today's motivated Citizens and youngster's But people like us, PUCL and conference of PUCL Tamil Nadu who will bail this country out of the several other N.G.O' s in India have and Puducherry. mess in which older generation has a special role to play. We have to P.B. D'Sa, Vice-President, PUCL landed us. strengthen ourselves and attract National q

PUCL TN & Puducherry State Report read out in the PUCL National Convention, Raipur, 16-18th December, 2017 Appraisal Report on the Activities Carried Out During 2014-16 Human Rights Issues cases, PUCL's intervention committed suicide at the 1. PUCL's fact finding team included exposing the refugee camp at Uchappatti, could expose the facts with nefarious nexus between Madurai, due to the torture he regard to the illegal sand miners and officials and also met from the police of Tamil mining in PALAR, a river in to approach the High Court for Nadu. PUCL along with AIPF Kancheepuram District with appropriate remedies. made a fact finding and the support of the peasants 2. In a peculiar manner the state r e c o m m e n d e d r e l i e f living there. This report has government has kept some of m e a s u r e s . P U C L ' s exposed the officials who are the Tamil refugees in a special intervention has made the involved in this illegal mining. camp as hostages. PUCL has police to restrain from causing The report appeared in mass many times condemned this unnecessary pressure on media has made the Chief act and demanded the them. Minister of Tamil Nadu to Government to release them. 4. When 20 Tamil coolies were suspend the District Collector Due to the efforts taken by killed by the Andhra Police for o f K a n c h e e p u r a m a n d PUCL members by way of cutting the Red Sand trees at declared a ban on sand explaining the cases with Thirupathy, PUCL members mining in that area. But in suitable evidences to the joined the Fact finding neighbouring Vellore District, officials, except 12 refugees, Committee along with other when Dalit youth protested all others (around 45-50) were Human Rights organizations against sand mining in the released from the hostage around the country and same Palar river, they had to camp in frequent intervals. brought out the in human face the onslaught of Rests are in Trichy and killings of the unscrupulous miners, corrupt Cheyyar camps. In addition to State. police and compromised this, Government has stopped 5. Non state actors' human rights a d m i n i s t r a t i o n . F a c i n g dumping refugees in those violations are always on the numerous prosecutions, camps. It is due to the efforts rise. In Southern Districts the youth groups opposing illegal of PUCL the daily allowance caste Hindus dominant over sand mining on environmental for the refugees are hiked the marginalized people. grounds had to confront open from Rs.70 to Rs.100/-. Some of the poor youths are violence including death 3. On 6th March 2016, a Sri even killed. This dominant threats. In a set of such false L a n k a n r e f u g e e h a s attitude prevails in the mind of

PUCL BULLETIN, FEBRUARY 2017 17 the Caste Hindus because P i y u s h , a k n o w n w h i c h i n c l u d e s t h e they think that their caste environmental activist, who compensation to be paid to people are in important power was allegedly tortured in the people who are affected centres of the state. Similarly, prison, to get bail. and initiating a legal inquiry in the Northern Districts, the 10. PUCL Tuticourin has formed a against the erred police and Honour Killing is more F a c t F i n d i n g t e a m t o revenue department officials. prevalent. Many murders investigate the factors that Environmental Issues occurred to protect the lead to accidents within the 12. The recent floods in Chennai prestige of the upper caste. In premises of Tuticourin and other parts of the state most of the occasions, Dalit Thermal Power Station on reveals two troubling aspects youths are the victims. 16th October and 4th related to governance as also Hence, PUCL is demanded November 2016. responsibilities of citizens the Tamilnadu Government to 11. P U C L - Ta m i l N a d u & both impacting on the right to bring an exclusive act to Puducherry had set up a 16 life of citizens. On one hand prevent honour killings in the members Fact Finding Team the continued disinterest of state. Similarly, in a village (FFT) to look into the violence the government to enforce the c a l l e d S e s h a p u r a m i n unleashed on Muslims in laws regulating construction Villupuram District, the Dalit Coimbatore on 23.09.2016, on water bodies, channels Temple Car was burnt and following the murder of Hindu and irrigation pathways have Dalits were beaten by upper M u n n a n i l e a d e r M r . been flagrantly violated with caste people. Sasikumar. This statement is the government itself being 6. Tamil Novelist Perumal the summary-interim report t h e b i g g e s t v i o l a t o r . Murugan was taken into task released to the Press on Continued negligence of by his own upper caste people 12.10.2016 at Coimbatore. r e g u l a r m a i n t e n a n c e , by charging him that he has The final report was released corruption in the award of portrayed their caste in a very on 3-12-16. The violence t e n d e r s a n d p o l i t i c a l bad light in his novel. It is a perpetrated by interference has created general opinion that the Munani processionists, conditions leading to a instigation of Sangh Pariwar is although partially disowned by c o l l a p s e o f l o c a l the main cause for this the leaders, and claimed that administration which effect is incident. Nevertheless, they were Bangladeshis, are seen at the time of disasters, PUCL's legal intervention and by and large nothing but local both natural and human lobbying has helped him to get elements, guided/misguided, engineered. But the apathy of transfer from his place to safe by the local leaders. There the government agencies is guard his life. Sangh Parivar's appears to be a deliberate matched by the unacceptable role causes deep concern design and conspiracy in behaviour of the middle among human rights activists obliterating the assets of the classes who knowingly since it would make the entire Muslims, as the attack, looting encroach on prohibited water state a communal one. and arsoning is selective and ways thereby affecting the 7. P U C L m a d e a l e g a l targeted. (This we find is a sort delicate balance of ecology intervention in the murder of continuation of the and human habitats. However case of Mr.Parthiban, a manifestation of the business t h e s c a l e o f c i t i z e n s ' fishermen leader, a PUCL interest of the social groups indifference to obey the laws member and also the leader of identified during the 1997 riots of the land raises the larger Mechanised Boat Workers i n C o i m b a t o r e ) . T h e issue of the extent to which Union affiliated to AITUC at indifference, inaction, and in such middle classes and Tuticourin. some cases, by being mute professional groups may be 8. PUCL along with AIPF spectators in the scene of willing to stand up and oppose conducted a Fact Finding visit c r i m e s a n d v i o l e n c e , violation of human rights in in connection with the murder constrains the FFT to allege general. A new approach will of a CPI ML activist by a that the Police did, in a way, have to be taken to sensitize Hindutva Fundamentalist for a abetted the crime. The failure a n d m o b i l i z e t h e s e p o l i t i c a l r e a s o n i n of the Police forces to beef-up sections.PUCL Chennai had Vannarapettai, Tirunelveli. the Security measures to l a u n c h e d a ' C i t i z e n ' s 9. P U C L i s s u e d p r e s s prevent/contain the violence Platform', following floods in statements and helped in was conspicuous. PUCL has Chennai, last year, to legal articulation for Mr. made a few recommendations intervene in this regard.

PUCL BULLETIN, FEBRUARY 2017 18 PUCL's State Convention issues such as Honour statement told that the conflict 13. The State Convention was killings, encounter killings, b e t w e e n t w o s t a t e held at Coimbatore on 3rd and false encounter killings and so governments should not be 4 t h S e p t e m b e r on. made as conflict between 2016.Mr.Taban Kumar Bose · PUCL had conducted one day people of both the states. has delivered the key note workshop (at Erode) on the · As the death of Mr.Ramkumar, address. In this conference, provisions of constitutional the accused in the murder new office bearers were laws that protect human right case of Ms.Swathi, is highly e l e c t e d . P r i o r t o t h e defenders. Not only PUCL suspicious one. Hence PUCL conventions, all District units members but office bearers of issued a press statement have conducted their district several peasant organizations demanding the Government conventions and elected and dalit organizations had to order for a special district office bearers in those participated in it. The investigation to find the truth. meetings. Issues related to protective laws were itemized In this context, PUCL urged Casteism, Women rights, and the printed copies of the the Government to form a Fundamentalism and New same were distributed among special enquiry commission Education policy were the audience. It was well headed by a sitting judge of discussed in the conference. received and based on the High Court and the reported Programmes Conducted experience, PUCL (TN& may be submitted with in a · K.G.Kannabiran Memorial Pudhucherry) had taken a stipulated time. Lecture was conducted on 9th decision to expand the same Limitations November 2014 at Chennai. throughout the state. 1. Communication gap: This was Justice C.V. Wigneswaran S o m e I m p o r t a n t P r e s s a serious problem for members. who the Chief Minister of Statements Now this has been reduced due to Nortern PROVINCE, Sri To show our stand on certain the formation of whats app groups. Lanka has delivered the issues, press statements are being As we have separate groups for address. issued. state office bearers we could · P U C L h a s o r g a n i z e d · Press statement is issued to communicate the developments K.G.Kannabiran Memorial condemn the recent killings of now and then. Lecture at Madurai on 16-11- women like Swathi, Vinupriya, 2. Membership: Membership 16 at Madurai. Ms.Teesta Nandhini and others. PUCL seems to be very less. Youth need Setelvad delivered the lecture viewed these murders with to be attracted and responsibilities on the current communalist serious concern and consider shall be given to them. scenario of the country. these brutal violent acts 3. Issues are many. But legal · PUCL Chennai has organized against women as the gender interventions are very less. a seminar on the 'Status of issue to be taken up by the 4. PUCL needs to operate at the Srilankan Tamils Today' by state seriously. As the youth mainstream political platform also. inviting Mr. Suresh Prema are to be sensitized on gender 5. Though we plan many activities, C h a n d r a n , t h e f o r m e r equality and sensitivity, PUCL we are not being able to follow all Member of Parliament of has decided to design a the plans and make it. Especially Srilanka as a special guest course for the all college starting new district units, and speaker from Srilanka on23- students of Tamilnadu with the following up certain issues are not 11-16 at Chennai. support of experts. being made effectively. · More than three seminar · In another press release, 6. Financial constraint is also an programmes are organized on PUCL strongly condemned important limitation in organsing different human rights issues the violent protests at certain programs. to sensitize the members and Karnataka in connection with 7. Lack of training programmes for others. the Cauvery water issues and all members. · PUCL joined with few other viewed that such violence 8. Only in 10 districts, PUCL organizations and conducted cannot be justified on any committees are functioning in the a campaign for clean elections ground as it affects the life of state. We need to expand to all during the state assembly common man. PUCL viewed districts in TN. elections held in 2016. that it is the duty of both the Prof. R.Murali, General state governments to provide · District units have taken part in Secretary, PUCL- security to property and lives T.N&Puducherry various protest programmes of the citizens. The press connected with human rights

PUCL BULLETIN, FEBRUARY 2017 19 Date of Pub.: 27-28 January, 2016

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