Category Archives: Government

Terrorism in India – Between Facts and Fiction: Imran Khan

Guest post by IMRAN KHAN

More and more concerns are being expressed by human rights activists in India today on the question of fabricated and false charges on innocent people. When Dr. Binayak Sen spent his time in jail on such charges, activist groups all over the country and abroad came out and protested. For the first time in the history of human rights movement in India, around two dozen Nobel Prize Winners came out to defend him. It should also be noted that there were even protests against such fabrication in front of Indian embassies in different parts of the world.

However, with the arrest of Binayak Sen, the contemporary history of `fabricating false cases’ by the Indian state took a new turn. The arrest took place while Dr. Sen was a national leader of India’s pioneering human rights organization, People’s Union for Civil liberties (PUCL).  The activists felt that the message was loud and clear: That even human rights defenders can be imprisoned for no reason under repressive laws of the post-independent India.

Dr. Sen was released due to public pressure. But thousands are still languishing behind bars, waiting for justice. The nameless adivasis who were arrested like Sen from different parts of Chhattisgarh, speak of an unknown territory even to the best of our human rights activists. And new messages are given. Even journalists can be grilled. Thus, K.K. Shahina, Azmi, Seema Azad, Advocate Naushad Kasimji and others have become victims of attacks on freedom of expression. Fabricating false cases has become a norm today rather than an exception, according to human rights groups. Minorities, dalits, adivasis,  people’s movements and self determination movements become an easy prey to false charges. Continue reading Terrorism in India – Between Facts and Fiction: Imran Khan

False Charges and Brutality in Prison: Mohd Amir Khan

Guest post by MOHD. AMIR KHAN

[ Mohd. Aamir Khan has spent 14 years in prison and was acquitted earlier this year]

I am in deep pain today. As though terrible, terrible memories, locked away in the deep recesses of my mind have been pried open. Heard on news that an accused in terror case was killed in judicial custody in Yerwada jail. That too in his high security cell.

I had read that the British rulers unleashed physical and mental torture on prisoners in colonial jails, but have never heard that they carried out killings of hapless convicts or undertrials in their custody. The naked truth of Abu Ghraib and Guantanamo has been brought before the world. But who will illumine the dark secrets of the netherworld of our prisons? Brutalisation and torture are routine in our jails.

I speak from experience, having lived for fourteen long and seemingly unending years in prisons in three states. There was a near fatal attack on me twelve years ago while I was lodged in the model prison of India, Tihar Jail. But when I survived the attack, a case was slapped on me. While I was thankfully acquitted in the case, not one of those who attacked me was charged until my father – who was still alive then—appealed to the court to intervene. Mercifully, the Court accepted his complaint and registered a case, which still goes on in Tees Hazari court. Continue reading False Charges and Brutality in Prison: Mohd Amir Khan

Open Letter from Anonymous to the Government of India

Dear Government of India,

We are Anonymous. It has come to our attention that you have blocked filesharing websites in India. We also know you are in the process of making a Great Indian Firewall, to censor the internet in India. Anonymous believes, however, that pursuing this direction is a sad mistake on your behalf. Not only does it reveal the fact that you do not seem to understand the present-day political and technological reality, we also take this as a serious declaration of war from yourself, the Indian government, to us, Anonymous, the people. Continue reading Open Letter from Anonymous to the Government of India

India must deliver on its repeated commitments to the human rights council: Amnesty International

This release was put out by AMNESTY INTERNATIONAL on 1 June

On 24 May 2012, India’s human rights record came under renewed international scrutiny during its second Universal Periodic Review (UPR) at the UN Human Rights Council. Amnesty International welcomes the recommendations made to India by the reviewing states, many of which reflect concerns raised previously by the organization.

Amnesty International is disappointed, however, that despite India’s assertion that it sees the UPR mechanism as one of “constructive engagement,” the government did not immediately accept any of the recommendations made, some of which were put forward in 2008 during India’s first UPR. Amnesty International urges India to demonstrate by September 2012, a genuine resolve to deliver on its outstanding human rights commitments and the UPR recommendations, when the report on India’s second UPR is formally adopted at the 21st session of the Human Rights Council. Continue reading India must deliver on its repeated commitments to the human rights council: Amnesty International

“The more they censor the internet the bigger we become” – An interview of Anonymous India

In which I interview “Anonymous India” who have organised a massive protest against internet censorship across 11 Indian cities on 9 June.

Some say such attacks (hacking and defacement of Web sites) could be used by the political class to actually strengthen their argument in favour of control and regulation of the Internet. What do you say to that?

Anamikanon: People on the ground are vulnerable to people with a lot of power and no problems misusing it. Anonymous can’t be found to defame, threaten, suppress, stall…. wrong means? Ok. Worth it.

Netcak3: I say the more they censor the Internet, the bigger we become. We strive in users from across the world. Pro tip: Once an idea has been made, you cannot kill it.

Anamikanon: In my view, these are the means that can be safely used without risking life, limb, careers, reputations, family…

Gummy: Defacing is like posting a nill which is illegal and can be removed. Like people post their advertisement bill (poster) at the back of buses and other public places.

Anamikanon: Except we post it in inside their drawing rooms! [Read the full interview.]

Dalit organisations demand NAC to recommend SCP/TSP legislation

This press release comes from the SC/ST BUDGET ADHIKAR ANDOLAN 

The SC/ST Budget Adhikar Andolan welcomes the draft recommendations of the NAC to the GOI. However, it is very disappointing that the National Advisory Council (NAC) has not suggested legislation for SCSP and TSP. It is a known fact that without legislation, accountability would not be possible, and the entitlements under the SCP will not be implemented. The Dalit  organisations strongly urge the NAC to recommend SCP/TSP legislation and that this be placed in the parliament in the coming session.

The recommendations of the NAC on the reform of the Scheduled Caste Sub-Plan (SCSP) were sent to the Government in December 2011. In line with the recommendations of the NAC, the Working Group of the NAC on Dalit Issues have now enunciated a set of Essential Elements of Implementation Framework of SCSP. Some of the recommendations of the NAC are as followed: Continue reading Dalit organisations demand NAC to recommend SCP/TSP legislation

Produce Fasih Mahmood before an Indian Court, NOW: JTSA

This release comes from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

It has been over two weeks that Fasih Mahmood was practically disappeared from his residence in Jubail, Saudi Arabia, where he worked as an engineer. On 13 May, Sunday, Mahmood was taken away by a group of Indian and Arab men, all in civil dress, and their house searched, while his wife, Nikhat Perveen, was held in a room by an Arab woman. Continue reading Produce Fasih Mahmood before an Indian Court, NOW: JTSA

Oppressing the teacher, democratic style

( In 2006 the Parliament had debated and lambasted  Hindi NCERT textbooks prepared as part of the NCF, 2005 process . Our Parliamentarians were then offended  by Premchand, Pandey Bechan Sharma Urg, Dhoomil, M. F. Husein,  Avtar Singh Pash and Omprakash Valmiki. The argument of hurt sentiments had united political parties from left to right to demand action against  the culprits. In the eyes of MPs like Sushma swaraj , Ravi Shankar Prasad and Sita Ram Yechury ,  Hindi textbooks  were full of offensive and abusive words and descriptions which could hurt Brahmin, Women , Dalit and Hindu sensibilities. They were also very concerned about the the effect that these books were to leave on the impressionable minds of our children. The extra-ordinary unity seen this time in the Parliament in   the case of  the  ‘offending’ Political science texts books is not unprecedented. What we need to ask is that why did we not react to This debate and assault on Hindi textbooks then.

Back then I had published this open letter to our MPs in Tehelka. I am re-posting it here to bring historical context to the ongoing debate on an NCERT political science textbook.)

In an open letter, Apoorvanand asks members of Parliament to stop politicising education

Do we really need to legislate on how languages should be used by our writers? Should the State be given authority to issue licenses to our poets? Continue reading Oppressing the teacher, democratic style

Net Loss: Sajan Venniyoor

Guest post by SAJAN VENNIYOOR

Image via dailygalaxy.com

Net: noun, verb.

1. a contrivance of strong thread or cord worked into an open, meshed fabric, for catching fish, birds, or  other animals
2. anything serving to catch or ensnare

The other day, in a Parliamentary debate on Internet Rules 2011, the leader of the Opposition in the Rajya Sabha said something so absurd that for a moment I thought he had joined the government. “You can control print and electronic media, but not internet,” he said, only removing his foot from his mouth to add, “If internet had been in existence, Emergency would have been a fiasco.”

Actually, if the Emergency had been in existence, the Internet would have been a fiasco. Continue reading Net Loss: Sajan Venniyoor

’बिगड़ैल बच्चे की खोज में’: हिमांशु पंड्या

“क्या आपको इस बात का अहसास है कि ताकाहाशी को ‘तुम्हारी पूँछ तो नहीं है?’ पूछने पर कैसा लगा होगा” बच्चे शिक्षिका का जवाब नहीं सुन पाए. उस समय तोत्तो चान यह नहीं समझ पायी कि पूंछ वाली बात से हेडमास्टर साहब इतना नाराज़ क्यों हुए होंगे क्योंकि अगर कोई उससे यह पूछता कि तोत्तो चान तुम्हारे क्या पूंछ है? तो उसे तो इस बात में मजा ही आता.
-‘तोत्तो चान’ (तेत्सुको कुरोयांगी, अनुवाद – पूर्वा याग्निक कुशवाहा)

दलित चेतना और कार्टूनों का पुनर्पाठ
इस कार्टून पर चली ऐतिहासिक बहस के बाद अब यह पक्के तौर पर कहा जा सकता है कि साहित्य से आगे अभिव्यक्ति के अन्य क्षेत्रों में भी दलित चेतना ने दस्तक दे दी है। शायद हम कल चित्रकला और बहुत आगे संगीत में भी दलित चेतना युक्त दृष्टि से इतिहास का पुनर्पाठ देखेंगे। Continue reading ’बिगड़ैल बच्चे की खोज में’: हिमांशु पंड्या

India asks Google to remove 2 items every 3 days

Google’s just released fourth biannual Transparency Report says that between January and June 2011, India asked it to remove 358 different items from various Google-owned web services such as Orkut and YouTube. Google complied in 51% cases. The requests were made by various central and state government departments through 68 different requests. The fourth such report, it goes against communications minister Kapil Sibal’s claims that internet companies are not willing to “self-regulate”.

Worryingly, the report also confirms the allegations that what bothers government officials the most about the internet is not defamation or hate speech but government criticism. Continue reading India asks Google to remove 2 items every 3 days

(Updated) List of websites blocked in India

Given below is a list of websites blocked in India by one or more Internet Service Providers. This list was hacked from Reliance servers by the hacker group ANONYMOUS, which claimed in a web press conference that while most of this list of 434 is blocked as a result of government or court orders, some have been blocked by Reliance on its own. The ones blocked by Reliance on its own relate to Satish Seth, a Reliance ADAG executive. Continue reading (Updated) List of websites blocked in India

A democratic process in Pakistan: Abdullah Zaidi

Guest post by ABDULLAH ZAIDI

Pakistan’s National Assembly

In a way, the story of Pakistan is the story of a centralised state manipulating the provinces. It is also the story of an overgrown and overfed military destabilising all political forces that posed a challenge to its narrative. It is also the story of institutions wrestling for their due and undue share of power. Finally, it is the story of a powerful state and a weak society. The one thing that is common to all of these dynamics is the power struggle between elected and unelected institutions.

After return to civilian rule in 2008, the country has seen several developments that have somewhat changed these dynamics. Continue reading A democratic process in Pakistan: Abdullah Zaidi

Forging a Nepal for all its peoples

As the constitutional endgame approaches, Nepal is witnessing its most fierce and polarised political debate since the process to transform the state began with the Comprehensive Peace Agreement in 2006. Strikingly, it is not a battle between political parties, but different social groups.

This is the battle over the nature of federalism, the boundaries of future states, and the names and number of provinces. The issue of state restructuring perhaps resonates most among ordinary citizens, especially those belonging to communities excluded from the power structure due to their ethnic, caste, regional and religious identities. It is a battle that has been fought in Constituent Assembly (CA) committees, the State Restructuring Commission, and in the past week, on the streets. Continue reading Forging a Nepal for all its peoples

In Defense of Critical Pedagogy: A Petition

The following is a petition initiated by a group of scholars who have been centrally involved in the debate on pedagogy and the writing of textbooks that followed National Currriculum Framework 2005

We have been watching with deep dismay the events as they have unfolded on the floor of the Indian Parliament and outside. Uproar against an individual cartoon has now snowballed into a wide-ranging attack against the new NCERT textbooks. The office of one of the Advisors of the Political Science textbooks has been ransacked, the Political Science textbooks have been withdrawn from circulation, and the Government has resolved to conduct an inquiry into the role of those who sanctioned the inclusion of the offending material in the textbooks. Clearly what is at stake here is not just the life of cartoons on the pages of school textbooks.

But the fear of cartoons is not unimportant. It tells us a lot about the democracies we now inhabit. Jawaharlal Nehru told Shankar Pillai ‘Don’t spare me Shankar’. B.R. Ambedkar saw the cartoon that is now being seen as ‘offensive’. He had no problem with it. Nehru and Ambedkar, and great democrats like them, were aware of what cartoons mean. They were aware that creative cartoonists like Shankar or Laxman can encourage us to question what is taken for granted, reveal the ambiguities and contradictions of individuals, persuade us to see things in a new light. India has a long creative tradition of satire and irony. The productive power of laughter has been used not only in movements for social justice, but in children’s literature as well. If we celebrate this tradition, we celebrate democracy. Only in non-democratic countries is there a fear of cartoons. Continue reading In Defense of Critical Pedagogy: A Petition

पाठ्यपुस्तक का संघर्ष 

संसद राजनीति और लोकतंत्र पर स्कूली किताबों में कार्टून नहीं चाहती हैइस मसले को लेकर संसद के दोनों ही सदनों में सारे राजनीतिक दलों में अभूतपूर्व मतैक्य देखा  गयाएक राजनीतिक  दलजिसका नाम नेशनल कान्फरेंस हैइस दमनकारी बहुमत से अलग स्वर में बोलने की कोशिश करता रह गयाउसे क्रूर बहुमत ने बोलने नहीं दियाआखिर वह एक बहुत छोटे से इलाके का थामुख्य भूमि में बन रही सहमति में विसंवादी स्वर पैदा करने की अनुमति उसे दी ही कैसे जा सकती थीउसे उसकी लघुता के तर्क से नगण्य माना जा सकता थायह स्वर कश्मीर  से आ रहा था जिसे भारत का अंग बनाए रखने के लिए देश के क्रूरतम क़ानून की मदद लेनी पड़ती है.

 यह विवरण यहाँ अप्रासंगिक लग सकता है.लेकिन मुझे इसमें एक तरह की प्रतीकात्मक संगति दिखलाई पड़ती हैवह संगति  असहिष्णुताजन्य  अधैर्य  के तत्व से निर्मित होती है जो हमारे सामाजिक और सांस्कृतिक जीवन को परिभाषित करता है और इसीलिए सरलीकरण की पद्धति उसके चिंतन की दिशा तय करती है. Continue reading पाठ्यपुस्तक का संघर्ष 

Resisting the Second Childhood: Towards Universal Pension in India

Guest post by AKHIL KATYAL

Ashiya Begum, an elderly widow, had worked as a road construction labourer after her husband’s death. She recalls that when all the workers used to have lunch by the construction site, she tried to sleep under the bushes as there was no food and it was better than seeing others eat. When the pangs of hunger grew insistent, she would drink a lot of water and then tie her saree end tightly around her stomach and continue to work. At night if the children cried and she had nothing to feed them, she peeped out of her tent to neighbours’ utensils and used to beg a glass of ganji (water which is to be drained out of rice once it is cooked) from them. Everybody got 5-6 spoonfuls of ganji before sleeping. Sometimes in the evening, after the road construction work, she cooked in other people’s houses. They gave her four rotis that the entire family ate…‘Even if I tell you (what we eat to survive),’ she told the researcher, ‘will you ever be able to feel what we eat?’
–          from the ‘Study on Destitution and Hunger’, Centre for Equity Studies, Delhi

Old age mostly inspires the sentiment of the universal in us, the aesthetics of the general, so much so that when we speak of the old, we often let go of the specific and relish statements that tend to be as wide-ranging as they could be naïve: the old are wiser, we say, the age is just a number, our frames turn more literary, more contemplative, it is the dusk of life, we think, or sometimes being metaphorical, we consider to be old to be in a second childhood. The last one is Aristophanes, no less. Continue reading Resisting the Second Childhood: Towards Universal Pension in India

Dr Khalil Chishty is back home – three cheers for candle-light peaceniks

The 80 year old Pakistani virologist Dr Khalil Chishty just reached Pakistan. His son Tariq called me from Islamabad. “Sorry we couldn’t meet, it was all so rushed.” Tariq Chishty was worrying about getting a PIA ticket – President Zardari sent his special PAF plane to get them! Contrast this with the rank indifference with which the Indian government treats the issue of Indian prisoners in Pakistan.

Just a few days ago, Tariq Chishty was convinced his father is not going to be freed in the hearing on Thursday and was ready to return to Pakistan alone. But the Supreme Court of India, in an unprecedented judgement, allowed him to go home, on the condition that he must return by 1 November for the next hearing. Some months ago when his grandson had met him in jail, Dr Chishty had bid him goodbye as though it was the last time. This is not the end yet – the Supreme Court may uphold his conviction and god knows if he’ll again have to spend time in jail. 20 years in India have been jail-like for him even when he’s not been in jail. For details of his case, whether and why he should be granted mercy and so on, please see this article by me. Continue reading Dr Khalil Chishty is back home – three cheers for candle-light peaceniks

Supreme Court judgment on Pathribal case a lost opportunity: Warisha Farasat

Guest post by WARISHA FARASAT

The recent Supreme Court judgment on the Pathribal case is a lost opportunity. In the Pathribal encounter killing, five innocent civilians were picked up and killed in a staged encounter by the 7th Rashtriya Rifle of the army. At the time, the then Union Home Minister L.K. Advani had gone on record to say that five Lashkar militants who were responsible for the Chittisinghpora massacre of the Sikhs in the Kashmir Valley had been killed in an encounter. After investigation by the CBI, a chargesheet was filed before the Chief judicial Magistrate, Srinagar, implicating army personnel of the 7th Rashtriya Rifle. In 2006, the army was given the option by the CJM to choose the forum of trial, and to either face court martial or be tried by a regular criminal court. Showing contempt for the CJM, the army personnel refused to face any trial, and asked the CJM to return the chargesheet back to the CBI.

Continue reading Supreme Court judgment on Pathribal case a lost opportunity: Warisha Farasat

…and now Judicial Impunity?: JKCCS

This release comes from the JAMMU KASHMIR COALITION OF CIVIL SOCIETY
2 May 2012: The recent Supreme Court judgment in the Pathribal case is very disappointing.
Fake encounters, along with various other human rights violations, have been a reality for the people of Jammu and Kashmir over the last twenty two years. In 2008, according to media reports, Supreme Court Justices Aftab Alam and G.S. Singhvi made observations in court in relation to the practice of fake encounters for rewards in Jammu and Kashmir. With about 8000 persons disappeared, 70,000 persons killed, numerous cases of torture, rape and other human rights violations, Jammu and Kashmir has seen institutional denial of justice. Continue reading …and now Judicial Impunity?: JKCCS

Unpacking India’s Internet Censorship Debate

Recent debates on Internet censorship in India have focused to the allegedly free-for-all nature of the internet. Those of us who have argued against internet censorship have been somewhat misrepresented as arguing for absolute freedom whereby the reasonable restrictions laid down in Article 19 (A) of the Constitution of India don’t apply. Nothing could be farther than the truth.

It has been said that the internet can be used to incite violence, particularly inter-communal violence, and there needs to be a mechanism to prevent that. Communications minister Kapil Sibal wants internet giants to “self-regulate” for this reason, denying that he wants to censor political dissent on the internet. Following on the heels of his expression of such concern in December 2011, Mufti Aijaz Arshad Qasmi and journalist Vinay Rai filed cases against various internet companies for similar material that is religiously offensive.It needs to be pointed out, however, that the cases filed by Qasmi and Rai are under the Indian Penal Code and do not even invoke the Information Technology Act. So if the Indian Penal Code can be used against religiously offensive material why do we need any new mechanism to “regulate” or even “self-regulate” the internet? Continue reading Unpacking India’s Internet Censorship Debate