Category Archives: Centre watch

Sign this petition to abolish death penalty in India

AMNESTY INTERNATIONAL lists some reasons why death penalty should be abolished in India:

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Inconsistency: Three people, Harban, Kashmira and Jeeta were sentenced to death for a crime in which they played similar roles. But they met different fates. Kashmira Singh’s petition to the Supreme Court was accepted and his sentence commuted to life imprisonment. Harbans Singh was recommended by the court for clemency from the President. Jeeta Singh’s petition was dismissed and he was hanged.

Flaws: In August 2012, 14 retired judges wrote to the President of India, pointing out that the Supreme Court had wrongly awarded the death sentence to 13 people. They called the execution of two wrongly sentenced prisoners in 1996 and 1997, “the gravest known miscarriage of justice in the history of crime and punishment in independent India”.

Bias: “I thought I should get all these (capital punishment) cases examined from a normal citizen’s point of view in terms of the crime, intensity of the crime and the social and financial status of the individuals who were convicted and awarded capital punishment. This study revealed to my surprise that almost all the cases which were pending had a social and economic bias.” APJ Abdul Kalam.

To sign their petition to the Prime Minister of India, go here.

On the Supreme Court of India’s rejection of the mercy plea of Devinder Pal Singh Bhullar: PUDR

Press statement put out by the PEOPLE’S UNION FOR DEMOCRATIC RIGHTS on 12 April 2013.

PUDR strongly denounces the Supreme Court’s dismissal this morning of Devinder Pal Singh Bhullar’s plea for commutation of the death sentence awarded to him to life. The issues at stake in this dismissal are multiple, that of clemency, death penalty, miscarriage of justice and precedence.

Bhullar was sentenced to death in 2003 for carrying out a bomb blast outside the Delhi Youth Congress office which killed nine people in 1993. He has been deemed mentally unstable. The High Court’s decision of upholding the death sentence was not a unanimous decision. After he was given the death sentence by the Supreme Court, he appealed to the then President of India for clemency in 2003. The President, after a lapse of over eight years, dismissed his mercy plea in 2011. Bhullar had sought commutation of his death penalty to life sentence by the Supreme Court on the ground that there was inordinate delay by the President over his plea for clemency. Continue reading On the Supreme Court of India’s rejection of the mercy plea of Devinder Pal Singh Bhullar: PUDR

Lethal Lottery: A study on death penalty in India, 1950-2006

Do you know why Aadhaar is NOT compulsory: Ram Krishnaswamy

This is a guest post by Ram Krishnaswamy For the last three years activists opposing Aadhaar/UID have argued that it can lead to communal targeting, can aid illegal migrants, can invade privacy, is unconstitutional, does not have parliamentary approval, is illegal, etc. Yet all such objections and more have been successfully stonewalled by UIDAI and UPA leaders.

Further, Aadhaar is not compulsory and so such allegations are considered invalid. The middle and upper class Indians have remained silent about the UID debate, as it does not affect them in the least. The long lines of persons stretching before UID enrollment centers must be proof, then, of the popularity of this concept.

Nandan Nilekani and UIDAI Director General R.S Sharma have repeatedly told the nation that UID, now called Aadhaar, is not mandatory. Yet, over a period of time, they say, it could become ubiquitous, if service providers insist upon it compulsorily, in order to receive their services. To quote UIDAI Chairman, Nandan Nilekani, “Yes, it is voluntary. But the service providers might make it mandatory. In the long run I wouldn’t call it compulsory. I’d rather say it will be come ubiquitous.”

Continue reading Do you know why Aadhaar is NOT compulsory: Ram Krishnaswamy

Reject the National Food Security Bill: Right to Food Campaign

This release was put out by the RIGHT TO FOOD CAMPAIGN on 19 March 2013

More than 500 people of the Right to Food Campaign sitting at Jantar Mantar in New Delhi rejected the National Food Security Bill 2013 which was passed by the cabinet of the UPA Government today evening and will now be placed in the Parliament in this session.

NO TIME FRAME FOR IMPLEMENTATION

People were shocked to learn that according to the Bill that was passed, the law will not be applied in one stroke. The language of the law is that different dates may be appointed for different states and different provisions for the implementation of the Act.  This clearly means that there is no time frame for full implementation or objective criteria for phased implementation. It means the government in power has the choice to decide which state and what provisions need to be implemented. We condemn this as being against the fundamental rights of the people and the federal nature of the Indian state.  This also clearly shows that the Government is not really committed towards ensuring the end of food insecurity of the teeming millions of the country. Continue reading Reject the National Food Security Bill: Right to Food Campaign

India, International Law and an Act of Hypocrisy: JKCCS

Press release put out 24 March by the JAMMU AND KASHMIR COALITION OF CIVIL SOCIETY

Srinagar: The 21 March 2013, United Nations Human Rights Council [UNHRC] resolution is a welcome initial step in the ongoing struggle to hold countries responsible for human rights violations, ranging from Genocide, Crimes against Humanity and War Crimes to Enforced Disappearance, Torture, Rape and Extra-judicial executions. The watered down resolution, moved by the United States, and India’s support for the resolution, requires both commendation and severe criticism at the same time.

There can be no selective morality when it comes to standing against the commission of human rights violations by State’s. Every country must be held to the same standards, as Sri Lanka has been in the instant case, regardless of economic or geo-political concerns. In this regard, the United States and India stand accused of hypocrisy in their dealings with human rights violations in their regions or across the world. Similarly, Pakistan’s vote against the resolution raises serious questions on its own approach to human rights violations in the region or elsewhere. Continue reading India, International Law and an Act of Hypocrisy: JKCCS

Lok Sabha committee tells Kapil Sibal to re-examine the Information Technology Rules 2011

SFLC.in has a quick summary:

The Thirty-first Report of the Committee on Subordinate Legislation (2012-2013) was presented in the Lok Sabha today on 21 March, 2013 by Shri P. Karunakaran, Chairman of the Committee.

The Committee examined the following rules:-

(i) The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011[GSR 313(E)]

(ii) The Information Technology (IntermediariesCommittee Report Guidelines) Rules, 2011[GSR314 (E)]

(iii) The Information Technology (Guidelines for Cyber Cafe) Rules, 2011[GSR315(E)]

(iv) The Information Technology (Electronic Service Delivery) Rules, 2011[GSR316 (E)]

The Committee made the following observations: Continue reading Lok Sabha committee tells Kapil Sibal to re-examine the Information Technology Rules 2011

A summary of the National Food Security Bill, 2013

This summary of the National Food Security Bill 2013 (revised version, as tabled in Parliament, 22 March 2013) comes to us via Jean Dreze

1. Preliminaries

The Bill seeks “to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therwith and incidental thereto”.

It extends to the whole of India and “shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different States and different provisions of this Act”. Continue reading A summary of the National Food Security Bill, 2013

Why the Delhi Police Special Cell will continue to manufacture terrorists: JTSA

This release was put out yesterday by the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

Last year, JTSA compiled and released a report documenting 16 cases where the Delhi Police, especially its Special Cell, had framed innocents as terrorists. An overwhelming number of these unfortunate men were from Kashmir. Despite the fact that we cited court judgements which reprimanded the Cell for refusing to join independent witnesses, for willfully violating established procedures, for illegally detaining accused and showing their arrests on later dates; for fabricating evidence and failing to provide an iota of evidence in support of their charges – neither the leadership of the Delhi Police nor the Home Ministry felt the need for any enquiry. Continue reading Why the Delhi Police Special Cell will continue to manufacture terrorists: JTSA

Responding to a debate on the Kudankulam struggle against nuclear energy

Taking the debate on nuclear energy forward (after the wonderful review of MV Ramana’s book by Nityanand Jayaraman), here’s an exchange between Rahul Siddharthan and Madhumita Dutta in The Hindu in September 2012, Siddharthan advocating nuclear power, Dutta pointing to its utter indefensibility.

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Jal satyagraha at Kudankulam in September 2012

Dutta says, in her response to Siddharthans initial article:

In the case of Kudankulam, the fisherfolk have been…asking to see the disaster management plan which, till date, remains a secret, even under the Right to Information Act. Given the inherent uncertainties of natural disasters, questions about preparedness to mitigate impact of calamities such as tsunami waves of higher magnitude are being asked. Continue reading Responding to a debate on the Kudankulam struggle against nuclear energy

A Political Hanging: Nirmalangshu Mukherji

Guest Post by Nirmalangshu Mukherji

Since the secret hanging and burial of Afzal Guru in Tihar jail, many writers have justly condemned the manner in which the government conducted the execution . However, once the state decides to hang a person, the issue of whether the killing took place in a ‘transparent’ and ‘dignified’ manner is a largely aesthetic one. The process that initiated the killing continues to be of primary epistemic concern.

No doubt the manner and timing of the hanging clearly indicates that the government had ulterior political motives in mind. Yet, these motives are better understood in terms of the political considerations that guided the case of Afzal Guru from his arrest to the rejection of his mercy petition. His hanging within a few days of the presidential rejection was just the inevitable culmination of this political process.

Continue reading A Political Hanging: Nirmalangshu Mukherji

When rape survivor becomes victim: Sherin B.S.

SHERIN B.S. writes from Hyderabad: There is a constant demand for a change in the terminology from ‘rape victim’ to ‘rape survivor’ in the agenda of feminist concerns in discourses related to rape. But beyond the feminist investment on surviving rape, a systematic reading of public discourses presents the traumatic sustenance of layers of violence that follows rape. The Suryanelli girl has survived rape, but the violent experience of life after rape perpetrated by systemic structures of patriarchy places her at the receiving end of a system that consciously alienates, humiliates and hunts her down.

While referring to the Suryanelli rape case there are two kinds of discourses circulated widely. One is the question of legality of the crime involved, with a heavily prejudiced and unsympathetic legal frame work attempting to frame the girl as an eternal victim subject for whom justice is almost impossible, mediated through parallel machinery of the state, including law enforcement. The impossibility of justice is not the intention of the legal machinery but it comes through the operating forces of judgments, prosecution stands, law enforcing offices like police stations and officers, and questions of evidence, alibis and so on. Continue reading When rape survivor becomes victim: Sherin B.S.

Dhinkia and Govindpur Mothers go Naked to Protest against Forcible Land Acquisition for POSCO: Minati Dash

Guest post by MINATI DASH

On 7th March 2013, at least two mothers of Dhinkia and Govindpur (Patna village in this panchayat) villages in Jagatsinghpur went naked before the paramilitary station in Mangalpada near Govindpur village. In a rally led by mothers, hundreds of women and children went to the temporary paramilitary station that has more than 5 platoons of forces at the moment. While taking off their clothes, they constantly shouted, ‘why have you come here?, what do you want to see?’.

What must be the extent of desperation and provocation that our mothers decide to become naked before outside men?  In such a site (Eastern Odisha), where women bodies are constructed dominantly as private objects to hide, what does it mean to dare to bare? It is important to read this shocking act as an act of mediation of their political voices. It is in a desperate bid to express their furore, frustration & anger over intrusive presence of police & paramilitary in the area that they bared their bodies to shame them.

But shockingly, instead of recoiling with shame in response to such an act, the paramilitary chose to strike physically. They did not spare even these protesting women and brutally lathicharged them. Continue reading Dhinkia and Govindpur Mothers go Naked to Protest against Forcible Land Acquisition for POSCO: Minati Dash

Pot calling the dynasty black: Ajaz Ashraf

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AJAZ ASHRAF writes: It is time we examined the society we have created before we invoke the rather trite argument of dynastic rule to stridently criticise the Gandhis and the Congress. No doubt, dynasty is antithetical to democratic politics. Yet, it is also true that dynastic succession is the norm outside the Indian political realm as well. Its sheer pervasiveness explains why people dismiss outright the hypocritical media outcry against dynastic succession to routinely vote pater familias to power, in state as well at the Centre. Continue reading Pot calling the dynasty black: Ajaz Ashraf

A Tale of Two Panels: Vrinda Marwah

Guest Post by Vrinda Marwah

On 6th March, in the run up to International Women’s Day, I was involved in two panel discussions on women’s rights, both adrenalin-raising but for entirely different reasons. As someone who has been working in feminist organisations, and who, like so many others, is trying to be active and simultaneously make sense of the agitations and conversations following the Delhi gang rape, I decided to write about this experience because it was so revealing about how power operates.

The second panel, which I will talk about first, was in the United Nations Information Center, from 7:00 PM to 9:00 PM approx., organized by the New Delhi hub of the Global Shapers Community of the World Economic Forum, on issues of women’s safety in Delhi and practical measures that can be taken to address these. I don’t know much about this rather fancy sounding group (in their correspondence with me they describe themselves thus: The Global Shapers Community is a network of hubs developed and led by young people who are exceptional in their potential, achievements and drive to make a contribution to their communities). Continue reading A Tale of Two Panels: Vrinda Marwah

Kindly Deliver My Letter to the PM of India: Mahum Shabir

Guest Post by Mahum Shabir

Dear Mr. Prime Minister,

Maybe it is silly to think that the Prime Minister of the world’s largest democracy will listen to the sorrows of a young Kashmiri woman-you have a billion more people to worry about. Maybe your interest in this letter would be piqued if I began by telling you that we have something in common-an education from two of the world’s best universities, yours from Oxford, mine from Harvard. Maybe it shouldn’t take a reference to where one went to school to get attention on a serious ethical issue at the center of democratic governance in India but nothing else has worked so far. I hope jaan pehchaan will work its wonders this once too. Continue reading Kindly Deliver My Letter to the PM of India: Mahum Shabir

The Great Right-Wing Convergence – Towards 2014: Ruchi Gupta

Guest post by RUCHI GUPTA

For those of us, whom the well organized Right on the internet describes as “sickular”, the prospect of Modi as Prime Minister is unthinkable. Congress is then a reflexive default – not a party of choice. Its secular credentials too are tarnished with 1984, but its communal capitulations are opportunistic (and thus contained) unlike the BJP with its official Hindutva party plank. Moreover with all its corruption and contradictions, the Congress has always had a strong left-liberal strand, providing some space for engagement to further progressive agenda, enacting for instance the landmark Right to Information Act, NREGA and FRA. However faced with a Rahul Gandhi versus Modi contest – the former a reluctant prince leading a dithering party, the latter the decisive machismo king of no-nonsense governance – it appears that Congress has decided to move so far to the Right that 2014 looks set to become a Modi versus ‘sickular’ Modi contest.

Continue reading The Great Right-Wing Convergence – Towards 2014: Ruchi Gupta

Nine prisoners at risk of execution in India: Amnesty International

Statement put out on 21 February by AMNESTY INTERNATIONAL

Following two recent secret executions in India, there is fear that the Indian authorities may execute nine other prisoners whose petitions for mercy have not yet been ruled on.

The mercy petitions of eight men and one woman are pending with either the Union Home Ministry or the President: Gurmeet Singh, Dharampal, Suresh, Ramji, Praveen Kumar, Jafar Ali, Sonia (f), Sanjeev, and Sundar Singh. Ministers have publicly stated that decisions on some of these petitions will be made soon, putting the nine in imminent danger of execution. Continue reading Nine prisoners at risk of execution in India: Amnesty International

The Hyderabad blast investigations are doomed to fail: JTSA

This release was put out today by the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

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In a grotesque replay of every investigation that follows a bomb blast, prejudice, misinformation and media blitz rules the direction of Dilsukh Nagar bombings investigation too.  The same suspects and shadowy organizations are being paraded as executors of the Hyderabad bombings.

But should we be surprised? A day after the Home Minister’s humiliating capitulation to the RSS-BJP, virtually giving them and their affiliates a clean chit, the message to the investigating agencies must have been crystal clear.  When the Home Minister himself discards the bulk of allegations and material pointing to the existence of Hindutva groups in planning and executing terror attacks, should we really expect the investigating agencies, whose past record inspires hardly any confidence, to sincerely pursue all possible angles and leads? This, when Messrs Aseemanand and company are being tried for the 2007 bombing of the Mecca Masjid.  By asserting that Hyderabad bombing may have been a reaction to the execution of Kasab and Afzal Guru, the Home Minister himself foreclosed any possibility of unbiased investigation. Continue reading The Hyderabad blast investigations are doomed to fail: JTSA

The colonial legacy of capital punishment

G Mohan Gopal writes:

The British and their collaborators had made a similar mistake. They thought that the common people of India would be deterred and cowed down by the violence of the state. A young scholar from Columbia recently shared with me data collected from the National Archives showing that the British were hanging on average three people daily in the 1920s in a desperate bid to frighten Indians into obeying British rule. We know how that ended. The government should know how this will end too. [Frontline]

And Fahad Shah meets Maqbool Butt’s mother:

“Both Maqbool sahib and Guru sahib were innocent and on the right path. India thinks that this freedom movement will stop but it won’t stop. It will continue. There are so many Maqbools in Kashmir” [The Kashmir Walla]

 

PUCL statement on Hyderabad blasts

This statement was put out today in Delhi by the PEOPLE’S UNION FOR CIVIL LIBERTIES
PUCL strongly condemns the serial  blasts in Hyderabad on 21.02.2013 which has resulted in loss of life and grievous injuries to many. PUCL extends its sympathies to the families of all those who lost relatives and hopes that the injured recover speedily.
PUCL  re-iterates its stand that all organizations – whether State or non- state players – functioning for the people and in the public arena are accountable and answerable for their acts. PUCL appeals to all organizations to refrain from acts of mindless violence, especially when they endanger innocent persons.  Violence can never offer a solution to any issue however genuine it may be.  Continue reading PUCL statement on Hyderabad blasts